Journal of the House - 20th Day - Monday, March 11, 2019 - Top of Page 917

STATE OF MINNESOTA

 

Journal of the House

 

NINETY-FIRST SESSION - 2019

 

_____________________

 

TWENTIETH DAY

 

Saint Paul, Minnesota, Monday, March 11, 2019

 

 

      The House of Representatives convened at 3:30 p.m. and was called to order by Melissa Hortman, Speaker of the House.

 

      Prayer was offered by the Reverend Dr. Ron Bell, Jr., Camphor Memorial United Methodist Church, St. Paul, Minnesota.

 

      The members of the House gave the pledge of allegiance to the flag of the United States of America.

 

      The roll was called and the following members were present:

 


Acomb

Albright

Anderson

Bahner

Bahr

Baker

Becker-Finn

Bennett

Bernardy

Bierman

Boe

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Daniels

Daudt

Davids

Davnie

Dehn

Demuth

Dettmer

Drazkowski

Ecklund

Edelson

Elkins

Erickson

Fabian

Fischer

Franson

Freiberg

Garofalo

Gomez

Green

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hassan

Hausman

Heinrich

Heintzeman

Her

Hertaus

Hornstein

Huot

Johnson

Jurgens

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Loeffler

Long

Lucero

Lueck

Mahoney

Mann

Mariani

Marquart

Masin

McDonald

Mekeland

Miller

Moller

Moran

Morrison

Munson

Murphy

Nash

Nelson

Neu

Noor

Nornes

O'Driscoll

Olson

O'Neill

Pelowski

Persell

Petersburg

Pierson

Pinto

Poppe

Poston

Pryor

Quam

Richardson

Robbins

Runbeck

Sandell

Sandstede

Sauke

Schomacker

Schultz

Scott

Stephenson

Sundin

Swedzinski

Tabke

Theis

Torkelson

Urdahl

Vang

Vogel

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Zerwas

Spk. Hortman


 

      A quorum was present.

 

      Backer, Grossell, Howard, Kresha, Wagenius and West were excused.

 

      The Chief Clerk proceeded to read the Journal of the preceding day.  There being no objection, further reading of the Journal was dispensed with and the Journal was approved as corrected by the Chief Clerk.


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REPORTS OF CHIEF CLERK

 

      S. F. No. 573 and H. F. No. 267, which had been referred to the Chief Clerk for comparison, were examined and found to be identical.

 

      Schultz moved that S. F. No. 573 be substituted for H. F. No. 267 and that the House File be indefinitely postponed.  The motion prevailed.

 

 

REPORTS OF STANDING COMMITTEES AND DIVISIONS

 

 

Moran from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 3, A bill for an act relating to health care; requiring the commissioners of human services and commerce to seek federal waivers to permit individuals whose income is greater than the income eligibility limit for MinnesotaCare to purchase coverage through MinnesotaCare through a MinnesotaCare purchase option; requiring a proposal to the legislature.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2018, section 62J.497, subdivision 1, is amended to read:

 

Subdivision 1.  Definitions.  (a) For the purposes of this section, the following terms have the meanings given.

 

(b) "Backward compatible" means that the newer version of a data transmission standard would retain, at a minimum, the full functionality of the versions previously adopted, and would permit the successful completion of the applicable transactions with entities that continue to use the older versions.

 

(c) "Dispense" or "dispensing" has the meaning given in section 151.01, subdivision 30.  Dispensing does not include the direct administering of a controlled substance to a patient by a licensed health care professional.

 

(d) "Dispenser" means a person authorized by law to dispense a controlled substance, pursuant to a valid prescription.

 

(e) "Electronic media" has the meaning given under Code of Federal Regulations, title 45, part 160.103.

 

(f) "E-prescribing" means the transmission using electronic media of prescription or prescription-related information between a prescriber, dispenser, pharmacy benefit manager, or group purchaser, either directly or through an intermediary, including an e-prescribing network.  E-prescribing includes, but is not limited to, two-way transmissions between the point of care and the dispenser and two-way transmissions related to eligibility, formulary, and medication history information.

 

(g) "Electronic prescription drug program" means a program that provides for e-prescribing.

 

(h) "Group purchaser" has the meaning given in section 62J.03, subdivision 6., excluding state and federal health care programs under chapters 256B, 256L, and 256T.


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(i) "HL7 messages" means a standard approved by the standards development organization known as Health Level Seven.

 

(j) "National Provider Identifier" or "NPI" means the identifier described under Code of Federal Regulations, title 45, part 162.406.

 

(k) "NCPDP" means the National Council for Prescription Drug Programs, Inc.

 

(l) "NCPDP Formulary and Benefits Standard" means the National Council for Prescription Drug Programs Formulary and Benefits Standard, Implementation Guide, Version 1, Release 0, October 2005.

 

(m) "NCPDP SCRIPT Standard" means the National Council for Prescription Drug Programs Prescriber/Pharmacist Interface SCRIPT Standard, Implementation Guide Version 8, Release 1 (Version 8.1), October 2005, or the most recent standard adopted by the Centers for Medicare and Medicaid Services for e‑prescribing under Medicare Part D as required by section 1860D-4(e)(4)(D) of the Social Security Act, and regulations adopted under it.  The standards shall be implemented according to the Centers for Medicare and Medicaid Services schedule for compliance.  Subsequently released versions of the NCPDP SCRIPT Standard may be used, provided that the new version of the standard is backward compatible to the current version adopted by the Centers for Medicare and Medicaid Services.

 

(n) "Pharmacy" has the meaning given in section 151.01, subdivision 2.

 

(o) "Prescriber" means a licensed health care practitioner, other than a veterinarian, as defined in section 151.01, subdivision 23.

 

(p) "Prescription-related information" means information regarding eligibility for drug benefits, medication history, or related health or drug information.

 

(q) "Provider" or "health care provider" has the meaning given in section 62J.03, subdivision 8.

 

EFFECTIVE DATE.  This section is effective January 1, 2022.

 

Sec. 2.  [256B.0371] ADMINISTRATION OF DENTAL SERVICES.

 

Subdivision 1.  Contract for dental administration services.  (a) Effective January 1, 2022, the commissioner shall contract with a dental administrator to administer dental services for all recipients of medical assistance and MinnesotaCare.

 

(b) The dental administrator must provide administrative services including but not limited to:

 

(1) provider recruitment, contracting, and assistance;

 

(2) recipient outreach and assistance;

 

(3) utilization management and review for medical necessity of dental services;

 

(4) dental claims processing;

 

(5) coordination with other services;

 

(6) management of fraud and abuse;


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(7) monitoring of access to dental services;

 

(8) performance measurement;

 

(9) quality improvement and evaluation requirements; and

 

(10) management of third-party liability requirements.

 

(c) Payments to contracted dental providers must be at the rates established under section 256B.76.

 

EFFECTIVE DATE.  This section is effective January 1, 2022.

 

Sec. 3.  Minnesota Statutes 2018, section 256B.0644, is amended to read:

 

256B.0644 REIMBURSEMENT UNDER OTHER STATE HEALTH CARE PROGRAMS.

 

(a) A vendor of medical care, as defined in section 256B.02, subdivision 7, and a health maintenance organization, as defined in chapter 62D, must participate as a provider or contractor in the medical assistance program and MinnesotaCare as a condition of participating as a provider in health insurance plans and programs or contractor for state employees established under section 43A.18, the public employees insurance program under section 43A.316, for health insurance plans offered to local statutory or home rule charter city, county, and school district employees, the workers' compensation system under section 176.135, and insurance plans provided through the Minnesota Comprehensive Health Association under sections 62E.01 to 62E.19.  The limitations on insurance plans offered to local government employees shall not be applicable in geographic areas where provider participation is limited by managed care contracts with the Department of Human Services.  This section does not apply to dental service providers providing dental services outside the seven-county metropolitan area.

 

(b) For providers other than health maintenance organizations, participation in the medical assistance program means that:

 

(1) the provider accepts new medical assistance and MinnesotaCare patients;

 

(2) for providers other than dental service providers, at least 20 percent of the provider's patients are covered by medical assistance and MinnesotaCare as their primary source of coverage; or

 

(3) for dental service providers providing dental services in the seven-county metropolitan area, at least ten percent of the provider's patients are covered by medical assistance and MinnesotaCare as their primary source of coverage, or the provider accepts new medical assistance and MinnesotaCare patients who are children with special health care needs.  For purposes of this section, "children with special health care needs" means children up to age 18 who:  (i) require health and related services beyond that required by children generally; and (ii) have or are at risk for a chronic physical, developmental, behavioral, or emotional condition, including:  bleeding and coagulation disorders; immunodeficiency disorders; cancer; endocrinopathy; developmental disabilities; epilepsy, cerebral palsy, and other neurological diseases; visual impairment or deafness; Down syndrome and other genetic disorders; autism; fetal alcohol syndrome; and other conditions designated by the commissioner after consultation with representatives of pediatric dental providers and consumers.

 

(c) Patients seen on a volunteer basis by the provider at a location other than the provider's usual place of practice may be considered in meeting the participation requirement in this section.  The commissioner shall establish participation requirements for health maintenance organizations.  The commissioner shall provide lists of participating medical assistance providers on a quarterly basis to the commissioner of management and budget, the commissioner of labor and industry, and the commissioner of commerce.  Each of the commissioners shall develop


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and implement procedures to exclude as participating providers in the program or programs under their jurisdiction those providers who do not participate in the medical assistance program.  The commissioner of management and budget shall implement this section through contracts with participating health and dental carriers.

 

(d) A volunteer dentist who has signed a volunteer agreement under section 256B.0625, subdivision 9a, shall not be considered to be participating in medical assistance or MinnesotaCare for the purpose of this section.

 

(e) A vendor of medical care, as defined in section 256B.02, subdivision 7, that dispenses outpatient prescription drugs in accordance with chapter 151 must participate as a provider or contractor in the MinnesotaCare program as a condition of participating as a provider in the medical assistance program.

 

EFFECTIVE DATE.  This section is effective January 1, 2022.

 

Sec. 4.  Minnesota Statutes 2018, section 256B.69, subdivision 6d, is amended to read:

 

Subd. 6d.  Prescription drugs.  The commissioner may shall exclude or modify coverage for prescription drugs from the prepaid managed care contracts entered into under this section in order to increase savings to the state by collecting additional prescription drug rebates.  The contracts must maintain incentives for the managed care plan to manage drug costs and utilization and may require that the managed care plans maintain an open drug formulary.  In order to manage drug costs and utilization, the contracts may authorize the managed care plans to use preferred drug lists and prior authorization.  This subdivision is contingent on federal approval of the managed care contract changes and the collection of additional prescription drug rebates.

 

EFFECTIVE DATE.  This section is effective January 1, 2022.

 

Sec. 5.  Minnesota Statutes 2018, section 256B.69, subdivision 35, is amended to read:

 

Subd. 35.  Statewide procurement.  (a) For calendar year 2015, the commissioner may extend a demonstration provider's contract under this section for a sixth year after the most recent procurement.  For calendar year 2015, section 16B.98, subdivision 5, paragraph (b), and section 16C.05, subdivision 2, paragraph (b), shall not apply to contracts under this section.

 

(b) For calendar year 2016 contracts under this section, the commissioner shall procure through a statewide procurement, which includes all 87 counties, demonstration providers, and participating entities as defined in section 256L.01, subdivision 7.  The commissioner shall publish a request for proposals by January 5, 2015.  As part of the procurement process, the commissioner shall:

 

(1) seek each individual county's input;

 

(2) organize counties into regional groups, and consider single counties for the largest and most diverse counties; and

 

(3) seek regional and county input regarding the respondent's ability to fully and adequately deliver required health care services, offer an adequate provider network, provide care coordination with county services, and serve special populations, including enrollees with language and cultural needs.

 

(c) For calendar year 2021, the commissioner may extend a demonstration provider's contract under this section for a sixth year after the most recent procurement, for the provision of services in the seven-county metropolitan area to families and children under medical assistance and MinnesotaCare.  For calendar year 2021, section 16B.98, subdivision 5, paragraph (b), and section 16C.06, subdivision 3b, shall not apply to contracts under this section.  For


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calendar year 2022, the commissioner shall procure services in the seven-county metropolitan area for families and children under medical assistance and MinnesotaCare, from demonstration providers and participating entities as defined in section 256L.01, subdivision 7.

 

Sec. 6.  Minnesota Statutes 2018, section 256B.76, subdivision 2, is amended to read:

 

Subd. 2.  Dental reimbursement.  (a) Effective for services rendered on or after October 1, 1992, the commissioner shall make payments for dental services as follows:

 

(1) dental services shall be paid at the lower of (i) submitted charges, or (ii) 25 percent above the rate in effect on June 30, 1992; and

 

(2) dental rates shall be converted from the 50th percentile of 1982 to the 50th percentile of 1989, less the percent in aggregate necessary to equal the above increases.

 

(b) Beginning October 1, 1999, the payment for tooth sealants and fluoride treatments shall be the lower of (1) submitted charge, or (2) 80 percent of median 1997 charges.

 

(c) Effective for services rendered on or after January 1, 2000, payment rates for dental services shall be increased by three percent over the rates in effect on December 31, 1999.

 

(d) Effective for services provided on or after January 1, 2002, payment for diagnostic examinations and dental x-rays provided to children under age 21 shall be the lower of (1) the submitted charge, or (2) 85 percent of median 1999 charges.

 

(e) The increases listed in paragraphs (b) and (c) shall be implemented January 1, 2000, for managed care.

 

(f) Effective for dental services rendered on or after October 1, 2010, by a state-operated dental clinic, payment shall be paid on a reasonable cost basis that is based on the Medicare principles of reimbursement.  This payment shall be effective for services rendered on or after January 1, 2011, to recipients enrolled in managed care plans or county-based purchasing plans.

 

(g) Beginning in fiscal year 2011, if the payments to state-operated dental clinics in paragraph (f), including state and federal shares, are less than $1,850,000 per fiscal year, a supplemental state payment equal to the difference between the total payments in paragraph (f) and $1,850,000 shall be paid from the general fund to state-operated services for the operation of the dental clinics.

 

(h) If the cost-based payment system for state-operated dental clinics described in paragraph (f) does not receive federal approval, then state-operated dental clinics shall be designated as critical access dental providers under subdivision 4, paragraph (b), and shall receive the critical access dental reimbursement rate as described under subdivision 4, paragraph (a).

 

(i) Effective for services rendered on or after September 1, 2011, through June 30, 2013, payment rates for dental services shall be reduced by three percent.  This reduction does not apply to state-operated dental clinics in paragraph (f).

 

(j) Effective for services rendered on or after January 1, 2014, payment rates for dental services shall be increased by five percent from the rates in effect on December 31, 2013.  This increase does not apply to state‑operated dental clinics in paragraph (f), federally qualified health centers, rural health centers, and Indian health services.  Effective January 1, 2014, payments made to managed care plans and county-based purchasing plans under sections 256B.69, 256B.692, and 256L.12 shall reflect the payment increase described in this paragraph.


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(k) Effective for services rendered on or after July 1, 2015, through December 31, 2016, the commissioner shall increase payment rates for services furnished by dental providers located outside of the seven-county metropolitan area by the maximum percentage possible above the rates in effect on June 30, 2015, while remaining within the limits of funding appropriated for this purpose.  This increase does not apply to state-operated dental clinics in paragraph (f), federally qualified health centers, rural health centers, and Indian health services.  Effective January 1, 2016, through December 31, 2016, payments to managed care plans and county-based purchasing plans under sections 256B.69 and 256B.692 shall reflect the payment increase described in this paragraph.  The commissioner shall require managed care and county-based purchasing plans to pass on the full amount of the increase, in the form of higher payment rates to dental providers located outside of the seven-county metropolitan area.

 

(l) Effective for services provided on or after January 1, 2017, through December 31, 2021, the commissioner shall increase payment rates by 9.65 percent for dental services provided outside of the seven-county metropolitan area.  This increase does not apply to state-operated dental clinics in paragraph (f), federally qualified health centers, rural health centers, or Indian health services.  Effective January 1, 2017, payments to managed care plans and county-based purchasing plans under sections 256B.69 and 256B.692 shall reflect the payment increase described in this paragraph.

 

(m) Effective for services provided on or after July 1, 2017, through December 31, 2021, the commissioner shall increase payment rates by 23.8 percent for dental services provided to enrollees under the age of 21.  This rate increase does not apply to state-operated dental clinics in paragraph (f), federally qualified health centers, rural health centers, or Indian health centers.  This rate increase does not apply to managed care plans and county-based purchasing plans.

 

(n) Effective for dental services provided on or after January 1, 2022, the commissioner shall increase payment rates by 54 percent.  This rate increase does not apply to state-operated dental clinics in paragraph (f), federally qualified health centers, rural health centers, or Indian health centers.

 

Sec. 7.  Minnesota Statutes 2018, section 256B.76, subdivision 4, is amended to read:

 

Subd. 4.  Critical access dental providers.  (a) The commissioner shall increase reimbursements to dentists and dental clinics deemed by the commissioner to be critical access dental providers.  For dental services rendered on or after July 1, 2016, through December 31, 2021, the commissioner shall increase reimbursement by 37.5 percent above the reimbursement rate that would otherwise be paid to the critical access dental provider, except as specified under paragraph (b).  The commissioner shall pay the managed care plans and county-based purchasing plans in amounts sufficient to reflect increased reimbursements to critical access dental providers as approved by the commissioner.

 

(b) For dental services rendered on or after July 1, 2016, by a dental clinic or dental group that meets the critical access dental provider designation under paragraph (d), clause (4), and is owned and operated by a health maintenance organization licensed under chapter 62D, the commissioner shall increase reimbursement by 35 percent above the reimbursement rate that would otherwise be paid to the critical access provider.

 

(c) Critical access dental payments made under paragraph (a) or (b) for dental services provided by a critical access dental provider to an enrollee of a managed care plan or county-based purchasing plan must not reflect any capitated payments or cost-based payments from the managed care plan or county-based purchasing plan.  The managed care plan or county-based purchasing plan must base the additional critical access dental payment on the amount that would have been paid for that service had the dental provider been paid according to the managed care plan or county-based purchasing plan's fee schedule that applies to dental providers that are not paid under a capitated payment or cost-based payment.


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(d) The commissioner shall designate the following dentists and dental clinics as critical access dental providers:

 

(1) nonprofit community clinics that:

 

(i) have nonprofit status in accordance with chapter 317A;

 

(ii) have tax exempt status in accordance with the Internal Revenue Code, section 501(c)(3);

 

(iii) are established to provide oral health services to patients who are low income, uninsured, have special needs, and are underserved;

 

(iv) have professional staff familiar with the cultural background of the clinic's patients;

 

(v) charge for services on a sliding fee scale designed to provide assistance to low-income patients based on current poverty income guidelines and family size;

 

(vi) do not restrict access or services because of a patient's financial limitations or public assistance status; and

 

(vii) have free care available as needed;

 

(2) federally qualified health centers, rural health clinics, and public health clinics;

 

(3) hospital-based dental clinics owned and operated by a city, county, or former state hospital as defined in section 62Q.19, subdivision 1, paragraph (a), clause (4);

 

(4) a dental clinic or dental group owned and operated by a nonprofit corporation in accordance with chapter 317A with more than 10,000 patient encounters per year with patients who are uninsured or covered by medical assistance or MinnesotaCare;

 

(5) a dental clinic owned and operated by the University of Minnesota or the Minnesota State Colleges and Universities system; and

 

(6) private practicing dentists if:

 

(i) the dentist's office is located within the seven-county metropolitan area and more than 50 percent of the dentist's patient encounters per year are with patients who are uninsured or covered by medical assistance or MinnesotaCare; or

 

(ii) the dentist's office is located outside the seven-county metropolitan area and more than 25 percent of the dentist's patient encounters per year are with patients who are uninsured or covered by medical assistance or MinnesotaCare.

 

Sec. 8.  Minnesota Statutes 2018, section 256L.03, is amended by adding a subdivision to read:

 

Subd. 7.  Outpatient prescription drugs.  Outpatient prescription drugs are covered according to section 256L.30.  This subdivision applies to all individuals enrolled in the MinnesotaCare program.

 

EFFECTIVE DATE.  This section is effective January 1, 2022.


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Sec. 9.  Minnesota Statutes 2018, section 256L.11, subdivision 7, is amended to read:

 

Subd. 7.  Critical access dental providers.  Effective for dental services provided to MinnesotaCare enrollees on or after July 1, 2017, through December 31, 2021, the commissioner shall increase payment rates to dentists and dental clinics deemed by the commissioner to be critical access providers under section 256B.76, subdivision 4, by 20 percent above the payment rate that would otherwise be paid to the provider.  The commissioner shall pay the prepaid health plans under contract with the commissioner amounts sufficient to reflect this rate increase.  The prepaid health plan must pass this rate increase to providers who have been identified by the commissioner as critical access dental providers under section 256B.76, subdivision 4.

 

Sec. 10.  [256L.30] OUTPATIENT PRESCRIPTION DRUGS.

 

Subdivision 1.  Establishment of program.  The commissioner shall administer and oversee the outpatient prescription drug program for MinnesotaCare.  The commissioner shall not include the outpatient pharmacy benefit in a contract with a public or private entity.

 

Subd. 2.  Covered outpatient prescription drugs.  (a) In consultation with the Drug Formulary Committee under section 256B.0625, subdivision 13d, the commissioner shall establish an outpatient prescription drug formulary for MinnesotaCare that satisfies the requirements for an essential health benefit under Code of Federal Regulations, title 45, section 156.122.  The commissioner may modify the formulary after consulting with the Drug Formulary Committee and providing public notice and the opportunity for public comment.  The commissioner is exempt from the rulemaking requirements of chapter 14 to establish the drug formulary, and section 14.386 does not apply.  The commissioner shall make the drug formulary available to the public on the agency website.

 

(b) The MinnesotaCare formulary must contain at least one drug in every United States Pharmacopeia category and class or the same number of prescription drugs in each category and class as the essential health benefit benchmark plan, whichever is greater.

 

(c) The commissioner may negotiate drug rebates or discounts directly with a drug manufacturer to place a drug on the formulary.  The commissioner may also negotiate drug rebates, or discounts, with a drug manufacturer through a contract with a vendor.  The commissioner, beginning January 15, 2022, and each January 15 thereafter, shall notify the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and finance of the rebates and discounts negotiated, their aggregate dollar value, and how the department applied these savings, including the extent to which these savings were passed on to enrollees.

 

(d) Prior authorization may be required by the commissioner before certain formulary drugs are eligible for payment.  The Drug Formulary Committee may recommend drugs for prior authorization directly to the commissioner.  The commissioner may also request that the Drug Formulary Committee review a drug for prior authorization.

 

(e) Before the commissioner requires prior authorization for a drug:

 

(1) the commissioner must provide the Drug Formulary Committee with information on the impact that placing the drug on prior authorization may have on the quality of patient care and on program costs and information regarding whether the drug is subject to clinical abuse or misuse if such data is available; and

 

(2) the Drug Formulary Committee must hold a public forum and receive public comment for an additional 15 days from the date of the public forum.

 

(f) Notwithstanding paragraph (e), the commissioner may automatically require prior authorization for a period not to exceed 180 days for any drug that is approved by the United States Food and Drug Administration after July 1, 2019.  The 180-day period begins no later than the first day that a drug is available for shipment to pharmacies


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within the state.  The Drug Formulary Committee shall recommend to the commissioner general criteria to use for determining prior authorization of the drugs, but the Drug Formulary Committee is not required to review each individual drug.

 

(g) The commissioner may also require prior authorization before nonformulary drugs are eligible for payment.

 

(h) Prior authorization requests must be processed in accordance with Code of Federal Regulations, title 45, section 156.122.

 

Subd. 3.  Pharmacy provider participation.  (a) A pharmacy enrolled to dispense prescription drugs to medical assistance enrollees under section 256B.0625 must participate as a provider in the MinnesotaCare outpatient prescription drug program.

 

(b) A pharmacy that is enrolled to dispense prescription drugs to MinnesotaCare enrollees is not permitted to refuse service to an enrollee unless:

 

(1) the pharmacy does not have a prescription drug in stock and cannot obtain the drug in time to treat the enrollee's medical condition;

 

(2) the enrollee is unable or unwilling to pay the enrollee's co-payment at the time the drug is dispensed;

 

(3) after performing drug utilization review, the pharmacist identifies the prescription drug as being a therapeutic duplication, having a drug-disease contraindication, having a drug-drug interaction, having been prescribed for the incorrect dosage or duration of treatment, having a drug-allergy interaction, or having issues related to clinical abuse or misuse by the enrollee;

 

(4) the prescription drug is not covered by MinnesotaCare; or

 

(5) dispensing the drug would violate a provision of chapter 151.

 

Subd. 4.  Covered outpatient prescription drug reimbursement rate.  (a) The basis for determining the amount of payment shall be the lowest of the National Average Drug Acquisition Cost, plus a fixed dispensing fee; the maximum allowable cost established under section 256B.0625, subdivision 13e, plus a fixed dispensing fee; or the usual and customary price.  The fixed dispensing fee shall be $1.50 for covered outpatient prescription drugs.

 

(b) The basis for determining the amount of payment for a pharmacy that acquires drugs through the federal 340B Drug Pricing Program shall be the lowest of:

 

(1) the National Average Drug Acquisition Cost minus 30 percent;

 

(2) the maximum allowable cost established under section 256B.0625, subdivision 13e, minus 30 percent, plus a fixed dispensing fee; or

 

(3) the usual and customary price.  The fixed dispensing fee shall be $1.50 for covered outpatient prescription drugs.

 

(c) For purposes of this subdivision, the usual and customary price is the lowest price charged by the provider to a patient who pays for the prescription by cash, check, or charge account and includes the prices the pharmacy charges to customers enrolled in a prescription savings club or prescription discount club administered by the pharmacy, pharmacy chain, or contractor to the provider.

 

EFFECTIVE DATE.  This section is effective January 1, 2022.


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Sec. 11.  [256T.01] DEFINITIONS.

 

Subdivision 1.  Application.  For purposes of this chapter, the terms in this section have the meanings given.

 

Subd. 2.  Commissioner.  "Commissioner" means the commissioner of human services.

 

Subd. 3.  Department.  "Department" means the Department of Human Services.

 

Subd. 4.  Essential health benefits.  "Essential health benefits" has the meaning given in section 62Q.81, subdivision 4.

 

Subd. 5.  Individual market.  "Individual market" has the meaning given in section 62A.011, subdivision 5.

 

Subd. 6.  MNsure website.  "MNsure website" has the meaning given in section 62V.02, subdivision 13.

 

EFFECTIVE DATE.  This section is effective the day following final enactment.

 

Sec. 12.  [256T.02] ONECARE BUY-IN.

 

Subdivision 1.  Establishment.  (a) The commissioner shall establish a program consistent with this section to offer products developed for the OneCare Buy-In through the MNsure website.

 

(b) The commissioner, in collaboration with the commissioner of commerce and the MNsure Board, shall:

 

(1) establish a cost allocation methodology to reimburse MNsure operations in lieu of the premium withhold for qualified health plans under section 62V.05;

 

(2) implement mechanisms to ensure the long-term financial sustainability of Minnesota's public health care programs and mitigate any adverse financial impacts to the state and MNsure.  These mechanisms must minimize adverse selection, state financial risk and contribution, and negative impacts to premiums in the individual and group health insurance markets; and

 

(3) coordinate eligibility, coverage, and provider networks to ensure that persons, to the extent possible, transitioning between medical assistance, MinnesotaCare, and the OneCare Buy-In have continuity of care.

 

(c) The OneCare Buy-In shall be considered:

 

(1) a public health care program for purposes of chapter 62V; and

 

(2) the MinnesotaCare program for purposes of requirements for health maintenance organizations under section 62D.04, subdivision 5, and providers under section 256B.0644.

 

(d) The Department of Human Services is deemed to meet and receive certification and authority under section 62D.03 and be in compliance with sections 62D.01 to 62D.30.  The commissioner has the authority to accept and expend all federal funds made available under this chapter upon federal approval.

 

Subd. 2.  Premium administration and payment.  (a) The commissioner shall establish annually a per-enrollee monthly premium rate.  The commissioner shall publish the premium rate by August 1 of each year.


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(b) OneCare Buy-In premium administration shall be consistent with requirements under the federal Affordable Care Act for qualified health plan premium administration.  Premium rates shall be established in accordance with section 62A.65, subdivision 3.

 

Subd. 3.  Rates to providers.  The commissioner shall establish rates for provider payments that are targeted to the current rates established under chapter 256L, plus the aggregate difference between those rates and Medicare rates.  The aggregate must not consider services that receive a Medicare encounter payment.

 

Subd. 4.  Reserve and other financial requirements.  (a) A OneCare Buy-In reserve account is established in the state treasury.  Enrollee premiums collected under subdivision 2 shall be deposited into the reserve account.  The reserve account shall be used to cover expenditures related to operation of the OneCare Buy-In, including the payment of claims and all other accrued liabilities.  No other account within the state treasury shall be used to finance the reserve account except as otherwise specified in state law.

 

(b) Beginning January 1, 2023, enrollee premiums shall be set at a level sufficient to fund all ongoing claims costs and all ongoing costs necessary to manage the program and support ongoing maintenance of information technology systems and operational and administrative functions of the OneCare Buy-In program.

 

(c) The commissioner is prohibited from expending state dollars beyond what is specifically appropriated in law, or transferring funds from other accounts, in order to fund the reserve account, fund claims costs, or support ongoing administration and operation of the program and its information technology systems.

 

Subd. 5.  Covered benefits.  Each health plan established under this chapter must include the essential health benefits package required under section 1302(a) of the Affordable Care Act and as described in section 62Q.81; dental services described in section 256B.0625, subdivision 9, paragraphs (b) and (c); and vision services described in Minnesota Rules, part 9505.0277, and may include other services under section 256L.03, subdivision 1.

 

Subd. 6.  Third-party administrator.  (a) The commissioner may enter into a contract with a third-party administrator to perform the operational management of the OneCare Buy-In.  Duties of the third-party administrator include but are not limited to the following:

 

(1) development and distribution of plan materials for potential enrollees;

 

(2) receipt and processing of electronic enrollment files sent from the state;

 

(3) creation and distribution of plan enrollee materials including identification cards, certificates of coverage, a plan formulary, a provider directory, and premium billing statements;

 

(4) processing premium payments and sending termination notices for nonpayment to enrollees and the state;

 

(5) payment and adjudication of claims;

 

(6) utilization management;

 

(7) coordination of benefits;

 

(8) grievance and appeals activities; and

 

(9) fraud, waste, and abuse prevention activities.


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(b) Any solicitation of vendors to serve as the third-party administrator is subject to the requirements under section 16C.06.

 

Subd. 7.  Eligibility.  (a) To be eligible for the OneCare Buy-In, a person must:

 

(1) be a resident of Minnesota; and

 

(2) not be eligible for government-sponsored programs as defined in United States Code, title 26, section 5000A(f)(1)(A).  For purposes of this subdivision, an applicant or enrollee who is entitled to Medicare Part A or enrolled in Medicare Part B coverage under title XVIII of the Social Security Act, United States Code, title 42, sections 1395c to 1395w-152, is considered eligible for government-sponsored programs.  An applicant or enrollee who is entitled to premium-free Medicare Part A shall not refuse to apply for or enroll in Medicare coverage to establish eligibility for the OneCare Buy-In.

 

(b) A person who is determined eligible for enrollment in a qualified health plan with or without advance payments of the premium tax credit and with or without cost-sharing reductions according to Code of Federal Regulations, title 45, section 155.305, paragraphs (a), (f), and (g), is eligible to purchase and enroll in the OneCare Buy-In instead of purchasing a qualified health plan as defined under section 62V.02.

 

Subd. 8.  Enrollment.  (a) A person may apply for the OneCare Buy-In during the annual open and special enrollment periods established for MNsure as defined in Code of Federal Regulations, title 45, sections 155.410 and 155.420, through the MNsure website.

 

(b) A person must annually reenroll for the OneCare Buy-In during open and special enrollment periods.

 

Subd. 9.  Premium tax credits, cost-sharing reductions, and subsidies.  A person who is eligible under this chapter, and whose income is less than or equal to 400 percent of the federal poverty guidelines, may qualify for advance premium tax credits and cost-sharing reductions under Code of Federal Regulations, title 45, section 155.305, paragraphs (a), (f), and (g), to purchase a health plan established under this chapter.

 

Subd. 10.  Covered benefits and payment rate modifications.  The commissioner, after providing public notice and an opportunity for public comment, may modify the covered benefits and payment rates to carry out this chapter.

 

Subd. 11.  Coverage for legislators.  Effective upon the availability of coverage through the OneCare Buy-in program, all members of the state legislature shall be eligible for health coverage through that program, and shall not be eligible for coverage offered under section 43A.24.

 

Subd. 12.  Request for federal authority.  The commissioner shall seek all necessary federal waivers to establish the OneCare Buy-In under this chapter.

 

EFFECTIVE DATE.  (a) Subdivisions 1 to 11 are effective January 1, 2023.

 

(b) Subdivision 12 is effective the day following final enactment.

 

Sec. 13.  [256T.03] ONECARE BUY-IN PRODUCTS.

 

Subdivision 1.  Platinum product.  The commissioner of human services shall establish a OneCare Buy-In coverage option that provides platinum level of coverage in accordance with the Affordable Care Act and benefits that are actuarially equivalent to 90 percent of the full actuarial value of the benefits provided under the OneCare Buy-In coverage option.  This product must be made available in all rating areas in the state.


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Subd. 2.  Silver and gold products.  (a) If any rating area lacks an affordable or comprehensive health care coverage option according to standards developed by the commissioner of health, the following year the commissioner of human services shall offer silver and gold products established under paragraph (b) in the rating area for a five-year period.  Notwithstanding section 62U.04, subdivision 11, the commissioner of health may use data collected under section 62U.04, subdivisions 4 and 5, to monitor triggers in the individual market under this chapter.  Effective January 1, 2020, the commissioner of health may require submission of additional data elements under section 62U.04, subdivisions 4 and 5, in a manner specified by the commissioner, to conduct the analysis necessary to monitor the individual market under this chapter.

 

(b) The commissioner shall establish the following OneCare Buy-In coverage options:  one coverage option shall provide silver level of coverage in accordance with the Affordable Care Act and benefits that are actuarially equivalent to 70 percent of the full actuarial value of the benefits provided under the OneCare Buy-In coverage option, and one coverage option shall provide gold level of coverage in accordance with the Affordable Care Act and benefits that are actuarially equivalent to 80 percent of the full actuarial value of the benefits provided under the OneCare Buy-In coverage option.

 

Subd. 3.  Qualified health plan rules.  (a) The coverage options developed under this section are subject to the process under section 62K.06.  The coverage options developed under this section are deemed to meet requirements of chapters 62A, 62K, and 62V that apply to qualified health plans.

 

(b) Notwithstanding any other law to the contrary, benefits under this section are secondary to a plan of insurance or benefit program under which an eligible person may have coverage.  The commissioner shall use cost‑avoidance techniques to coordinate any other health coverage for eligible persons and identify eligible persons who may have coverage or benefits under other plans of insurance.

 

(c) The Department of Human Services is not an insurance company for purposes of this chapter.

 

Subd. 4.  Actuarial value.  Determination of the actuarial value of coverage options under this section must be calculated in accordance with Code of Federal Regulations, title 45, section 156.135.

 

EFFECTIVE DATE.  This section is effective January 1, 2023.

 

Sec. 14.  [256T.04] OUTPATIENT PRESCRIPTION DRUGS.

 

Subdivision 1.  Establishment of program.  The commissioner shall administer and oversee the outpatient prescription drug program for the OneCare Buy-In program.  The commissioner shall not include the outpatient pharmacy benefit in a contract with a public or private entity.

 

Subd. 2.  Covered outpatient prescription drugs.  Outpatient prescription drugs are covered in accordance with chapter 256L.

 

Subd. 3.  Pharmacy provider participation.  Pharmacy provider participation shall be governed by section 256L.30, subdivision 3.

 

Subd. 4.  Reimbursement rate.  The commissioner shall establish outpatient prescription drug reimbursement rates according to chapter 256L.

 

EFFECTIVE DATE.  This section is effective January 1, 2023.


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Sec. 15.  DIRECTION TO COMMISSIONER; STATE-BASED RISK ADJUSTMENT ANALYSIS.

 

The commissioner of commerce, in consultation with the commissioner of health, shall conduct a study on the design and implementation of a state-based risk adjustment program.  The commissioner shall report on the findings of the study and any recommendations to the chairs and ranking minority members of the legislative committees with jurisdiction over the individual health insurance market by February 15, 2021.

 

Sec. 16.  STUDY OF MINNESOTACARE EXPANSION.

 

The commissioner of human services shall study the costs and requirements for a MinnesotaCare expansion that would:

 

(1) provide individual and small group health coverage with covered benefits and a provider network equivalent to MinnesotaCare, and enrollee out-of-pocket costs that are no higher than under MinnesotaCare;

 

(2) contract directly with all health care providers willing to participate and accept reimbursement and other contract terms;

 

(3) use a single third-party administrator, or be administered directly by the commissioner of human services;

 

(4) reimburse health care providers at rates no lower than those used under Medicare, except that the commissioner of human services may negotiate global budgets with health care providers to control costs and improve the quality of care;

 

(5) maximize federal financial participation, including capturing funding currently available for premium tax credits to reduce premium costs for enrollees;

 

(6) charge premiums on a sliding scale using an affordability standard, and state-funded tax credits for persons whose costs exceed the standard; and

 

(7) be available in every Minnesota county.

 

The commissioner of human services shall contract with an actuarial consulting firm to provide technical assistance in conducting the MinnesotaCare expansion study.  The commissioner of human services shall present a report, implementation plan, and draft legislation to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services policy and finance and health insurance by December 15, 2019.

 

Sec. 17.  STUDY OF COST OF PROVIDING DENTAL SERVICES.

 

The commissioner of human services shall contract with a vendor to conduct a survey of the cost to Minnesota dental providers of delivering dental services to medical assistance and MinnesotaCare enrollees under both fee‑for‑service and managed care.  The commissioner of human services shall ensure that the vendor has prior experience in conducting surveys of the cost of providing health care services.  Each dental provider enrolled with the department must respond to the cost of service survey.  The commissioner of human services may sanction a dental provider under Minnesota Statutes, section 256B.064, for failure to respond.  The commissioner of human services shall require the vendor to measure statewide and regional costs for both fee-for-service and managed care, by major dental service category and for the most common dental services.  The commissioner of human services shall post a copy of the final survey report on the department's website.  The initial survey must be completed no later than January 1, 2021, and the survey must be repeated every three years.  The commissioner of human services


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shall provide a summary of the results of each cost of dental services survey and provide recommendations for any changes to dental payment rates to the chairs and ranking members of the legislative committees with jurisdiction over health and human services policy and finance.

 

Sec. 18.  REPEALER.

 

Minnesota Statutes 2018, section 256L.11, subdivision 6a, is repealed.

 

EFFECTIVE DATE.  This section is effective January 1, 2022."

 

Delete the title and insert:

 

"A bill for an act relating to health care; establishing OneCare Buy-In; establishing outpatient prescription drug program; modifying provisions governing dental administration; modifying provisions governing health care; requiring studies and reports; amending Minnesota Statutes 2018, sections 62J.497, subdivision 1; 256B.0644; 256B.69, subdivisions 6d, 35; 256B.76, subdivisions 2, 4; 256L.03, by adding a subdivision; 256L.11, subdivision 7; proposing coding for new law in Minnesota Statutes, chapters 256B; 256L; proposing coding for new law as Minnesota Statutes, chapter 256T; repealing Minnesota Statutes 2018, section 256L.11, subdivision 6a."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Commerce.

 

      The report was adopted.

 

 

Carlson, L., from the Committee on Ways and Means to which was referred:

 

H. F. No. 50, A bill for an act relating to transportation; prohibiting use of cell phones while driving under specified circumstances; amending Minnesota Statutes 2018, sections 169.011, subdivision 94; 169.475.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2018, section 169.011, subdivision 94, is amended to read:

 

Subd. 94.  Wireless communications device.  "Wireless communications device" means (1) a cellular phone, or (2) a portable electronic device that is capable of receiving and transmitting data, including but not limited to text messages and e­mail, without an access line for service.  A wireless communications device does not include a device or feature that is permanently affixed to physically integrated into the vehicle, or including a global positioning system or navigation system when the system is used exclusively for navigation purposes.

 

Sec. 2.  Minnesota Statutes 2018, section 169.475, is amended to read:

 

169.475 USE OF WIRELESS COMMUNICATIONS DEVICE.

 

Subdivision 1.  Definition Definitions.  (a) For purposes of this section, the following terms have the meanings given.

 

(b) "Electronic message" means a self-contained piece of digital communication that is designed or intended to be transmitted between physical devices.  An electronic message includes, but is not limited to,:  e­mail,; a text message,; an instant message,; a command or request to access a World Wide web page, or; a voice mail message; a


Journal of the House - 20th Day - Monday, March 11, 2019 - Top of Page 933

transmitted image; transmitted audio content; transmitted video content, including through video calling; and other data that uses transmitted using a commonly recognized electronic communications protocol.  An electronic message does not include:  voice or other audio data transmitted as a result of making a phone call, data transmitted between a motor vehicle and a wireless communications device located in the vehicle, or data transmitted automatically by a wireless communications device without direct initiation by a person.

 

(c) "Voice-activated or hands-free mode" means an attachment, an accessory, a wirelessly paired or tethered capability, or a built-in capability of a wireless communications device or a motor vehicle that allows a person to use a feature or software application without either hand, except for one touch activation or deactivation of the feature or software application.  A feature or software application includes but is not limited to text messaging and phone calling.

 

(d) For purposes of this section, a motor vehicle is not in motion or a part of traffic if the vehicle is lawfully stopped, is in a location that is not designed or ordinarily used for vehicular travel, and is not obstructing traffic.

 

(e) For purposes of subdivision 2, paragraph (a), "using" includes but is not limited to holding a wireless communications device.

 

Subd. 2.  Prohibition on use; penalty.  (a) No When a motor vehicle is in motion or a part of traffic, the person may operate a motor operating the vehicle while is prohibited from using a wireless communications device, which includes but is not limited to:

 

compose, read, or send (1) initiating, composing, sending, retrieving, or reading an electronic message, when the vehicle is in motion or a part of traffic; and

 

(2) engaging in a cellular phone call, including initiating a call, talking or listening, and participating in video calling.

 

(b) A person who violates paragraph (a) a second or subsequent time must pay a fine of $225, plus the amount specified in the uniform fine schedule established by the Judicial Council.

 

Subd. 3.  Exceptions.  (a) This section does not apply if a wireless communications device is used:

 

(1) solely in a voice-activated or other hands-free mode, including to access a global positioning system or navigation system;

 

(2) for making a cellular phone call;

 

(3) for obtaining to obtain emergency assistance to (i) report a traffic accident, medical emergency, or serious traffic hazard, or (ii) prevent a crime about to be committed;

 

(4) (3) in the reasonable belief that a person's life or safety is in immediate danger; or

 

(5) (4) in an authorized emergency vehicle while in the performance of official duties.

 

(b) The exception in paragraph (a), clause (1), does not apply to accessing nonnavigation video content, engaging in video calling, engaging in live-streaming, or reading electronic messages.

 

EFFECTIVE DATE.  This section is effective August 1, 2019, and applies to acts committed on or after that date.


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Sec. 3.  TRAFFIC STOP STUDY; APPROPRIATION.

 

Subdivision 1.  Appropriation.  $250,000 in fiscal year 2020 is appropriated from the general fund to the commissioner of public safety for a grant to a qualified research organization to conduct a study of traffic stops in Minnesota consistent with the requirements in subdivision 2 and provide a report to the legislature.  This is a onetime appropriation.

 

Subd. 2.  Study requirements.  (a) The grant recipient shall conduct a study to determine what impact, if any, changes in traffic laws since 2003 have had on traffic stops in Minnesota including whether changes resulted in a disproportionate impact in any geographic area or on any demographic group.

 

(b) The study shall identify significant changes in traffic law enacted since 2003 including, but not limited to:

 

(1) the adoption of Minnesota Statutes, section 169.475;

 

(2) amendments to Minnesota Statutes, section 169.475, effective August 1, 2019;

 

(3) changes to Minnesota Statutes, section 169.686, enacted pursuant to Laws 2009, chapter 165, section 2; and

 

(4) changes to Minnesota Statutes, section 169A.20, enacted pursuant to Laws 2004, chapter 283, section 3.

 

(c) The grant recipient shall coordinate with local law enforcement agencies and the Minnesota State Patrol to obtain and collect relevant data on traffic stops.  Data shall be collected as provided by law, rule, or policy of the law enforcement agency.  Nothing in this section requires any law enforcement agency to collect additional data.

 

(d) The grant recipient shall analyze the data obtained or collected based on factors including, but not limited to, the geographic area in which the stop took place and demographic information of the driver.

 

(e) To the extent possible, the study shall compare data obtained and collected under paragraph (c) with data collected pursuant to Laws 2001, First Special Session chapter 8, article 7, section 6.

 

(f) The grant recipient shall coordinate with the commissioner of public safety and law enforcement agencies to ensure the confidentiality of data obtained or collected.

 

Subd. 3.  Report.  By February 15, 2021, the grant recipient must provide a report to the commissioner of public safety and the chairs and ranking minority members of the legislative committees and divisions with jurisdiction over transportation and criminal justice policy on the results of the study."

 

Delete the title and insert:

 

"A bill for an act relating to transportation; prohibiting use of cell phones while driving under specified circumstances; requiring a study of traffic stops; requiring a report; appropriating money; amending Minnesota Statutes 2018, sections 169.011, subdivision 94; 169.475."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.


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Moran from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 62, A bill for an act relating to human services; appropriating money for a voice response suicide prevention and mental health crisis response program and text message suicide prevention and mental health crisis response program.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [145.9275] VOICE RESPONSE SUICIDE PREVENTION, CRISIS CONNECTION, AND REFERRAL PROGRAM.

 

(a) The commissioner of health shall award grants to eligible nonprofit organizations and counties for the purposes of maximizing resources to provide access to crisis services across the state and educating communities on how to access local resources and suicide lifelines.

 

(b) A grantee must use the grant funds to:

 

(1) provide a method of response that triages inquiries and provides immediate access to suicide prevention and crisis counseling over the telephone;

 

(2) connect individuals with trained crisis counselors and local resources, including referrals to community mental health options, emergency departments, and locally available mobile crisis teams, when appropriate; or

 

(3) host an accredited suicide lifeline.

 

Sec. 2.  APPROPRIATION.

 

$1,386,534 in fiscal year 2020 and $1,386,534 in fiscal year 2021 are appropriated from the general fund to the commissioner of health for a voice response suicide prevention, crisis connection, and referral program described in Minnesota Statutes, section 145.9275."

 

Delete the title and insert:

 

"A bill for an act relating to health; directing commissioner of health to award grants for voice response suicide prevention, crisis connection, and referral activities; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 145."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.


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Youakim from the Committee on Education Policy to which was referred:

 

H. F. No. 73, A bill for an act relating to education; expanding the use of extended time to pupils enrolled in career and technical education courses; amending Minnesota Statutes 2018, section 126C.10, subdivision 2a.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Freiberg from the Committee on Government Operations to which was referred:

 

H. F. No. 136, A bill for an act relating to broadband service; prohibiting certain activities by Internet service providers serving Minnesota customers and those under contract to the state or political subdivisions; proposing coding for new law in Minnesota Statutes, chapters 16C; 325F.

 

Reported the same back with the following amendments:

 

Page 2, line 12, delete ", under penalty" and insert "to the commissioner of commerce"

 

Page 2, line 13, delete "of perjury,"

 

Page 2, line 25, before the semicolon, insert ", except that an Internet service provider may block content if the edge provider charges or intends to charge a fee to the Internet service provider for the content"

 

Page 3, line 10, delete everything after "enforced" and insert "by the commissioner of commerce.  Any Internet service provider who materially or repeatedly violates this section is subject to a fine of not more than $1,000 for each violation.  A fine authorized by this section may be imposed by the commissioner, through a civil action brought by the commissioner under section 45.027, or by the attorney general under section 8.31 on behalf of the state of Minnesota, and shall be deposited into the state treasury."

 

Page 3, delete line 11

 

Page 4, line 1, delete ", under penalty of perjury,"

 

Page 4, line 2, after the period, insert "The filing required by this subdivision must be provided prior to offering services for the first time in Minnesota, and at any time after a company or entity has changed ownership or merged with another entity, or prior to offering services in the state after the company has suspended service for more than 30 days, but is not required to make filings on an annual basis."

 

Amend the title as follows:

 

Page 1, line 4, after the semicolon, insert "authorizing monetary fines;"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.


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Youakim from the Committee on Education Policy to which was referred:

 

H. F. No. 199, A bill for an act relating to taxation; individual income; providing a temporary refundable credit for teachers of concurrent enrollment students.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Taxes.

 

      The report was adopted.

 

 

Lesch from the Judiciary Finance and Civil Law Division to which was referred:

 

H. F. No. 203, A bill for an act relating to data practices; permitting data sharing to administer the disabled veteran's homestead market value exclusion; amending Minnesota Statutes 2018, sections 197.603, subdivision 2; 273.1245, subdivision 2.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Taxes.

 

      The report was adopted.

 

 

Youakim from the Committee on Education Policy to which was referred:

 

H. F. No. 246, A bill for an act relating to education finance; establishing a vocational enrichment program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 124D.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Youakim from the Committee on Education Policy to which was referred:

 

H. F. No. 247, A bill for an act relating to education; establishing a grant program to increase student access to licensed library media specialists; appropriating money.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Halverson from the Committee on Commerce to which was referred:

 

H. F. No. 284, A bill for an act relating to health care; authorizing the commissioner of health to review costs for insulin products sold in Minnesota; determining if the cost is excessive; establishing a maximum level of reimbursement for insulin products if necessary; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 62J.

 

Reported the same back with the following amendments:


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Page 1, line 7, delete "DEFINITIONS" and insert "REPORTING AND REVIEW OF COST OF INSULIN PRODUCTS"

 

Page 3, line 4, delete "this subdivision" and insert "paragraph (c)"

 

Page 3, after line 18, insert:

 

"(f) Prior to making a determination on the cost of an insulin product, the commissioner shall provide an opportunity for the public to provide comments, including an opportunity to submit written comments to the commissioner."

 

Page 4, delete lines 7 to 9

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Policy.

 

      The report was adopted.

 

 

Halverson from the Committee on Commerce to which was referred:

 

H. F. No. 288, A bill for an act relating to health care; prohibiting health plan companies from removing coverage of a particular brand of insulin or equipment and supplies during an enrollee's contract year; amending Minnesota Statutes 2018, section 62A.3093, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2018, section 62A.3093, is amended by adding a subdivision to read:

 

Subd. 3.  Coverage change.  (a) A health carrier shall disclose, upon the request of an enrollee or a prospective enrollee, the brand or brands of insulin and the equipment and supplies for the treatment or management of diabetes covered under a health plan.

 

(b) A health carrier is prohibited from removing from coverage a particular brand of insulin, equipment, or supplies described under subdivision 1 during an enrollee's contract term.  This paragraph does not apply if the particular brand is deemed unsafe or has been withdrawn from the market by the product manufacturer.

 

(c) For purposes of this subdivision, "enrollee's contract term" means the 12-month term during which benefits associated with a particular health plan are in effect for that enrollee or a single calendar quarter for medical assistance and MinnesotaCare enrollees."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Policy.

 

      The report was adopted.


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Halverson from the Committee on Commerce to which was referred:

 

H. F. No. 289, A bill for an act relating to health care; requiring the reporting of the cost of prescription drugs that are used to treat diabetes; proposing coding for new law in Minnesota Statutes, chapter 62J.

 

Reported the same back with the following amendments:

 

Page 1, line 20, after "insulin" insert ", all oral diabetes medications, and all noninsulin injectable medications"

 

Page 1, line 21, delete "and biguanides"

 

Page 2, line 4, after the second "the" insert "All-Items" and delete "Medical Care Component"

 

Page 2, delete line 6 and insert "(2) the average annual percentage increase in the All-Items Consumer Price Index"

 

Page 2, line 13, after the comma, insert "excluding research and development costs and" and after "total" insert "nonresearch and development"

 

Page 2, line 16, after "program" insert ", including the number of patients who received financial assistance, the total amounts of prescription drugs listed under subdivision 2, paragraph (a), provided to these patients, and the average length of time patients received financial assistance from a patient prescription assistance program"

 

Page 2, line 19, after "programs" insert ".  Costs reported under this clause shall include information on the numbers of patients who redeemed coupons or received financial assistance from a co-payment assistance program, the numbers of prescriptions filled using a coupon, the number of prescriptions filled using a co-payment assistance program, the amounts of prescription drugs listed under subdivision 2, paragraph (a), provided to patients who redeemed coupons, and the amounts of prescription drugs listed under subdivision 2, paragraph (a), provided to patients who received financial assistance from a co-payment assistance program"

 

Page 2, line 20, after "rebates" insert "and all other fees"

 

Page 3, line 1, delete "benefits" and insert "benefit" and delete "(a)"

 

Page 3, line 2, delete "benefits" and insert "benefit"

 

Page 3, delete lines 4 to 6 and insert:

 

"(1) the total amount of rebates and all other fees that the pharmacy benefit manager received from manufacturers during the preceding calendar year for all of the pharmacy benefit manager's health plan company clients and for each health plan company client, for prescription drugs included in the list compiled by the commissioner under subdivision 2, paragraph (a).  The total amount of rebates must include any utilization discounts the pharmacy benefit manager received from a manufacturer;"

 

Page 3, line 7, after "rebates" insert "and all other fees"

 

Page 3, line 8, delete "benefits" and insert "benefit" and delete "and"

 

Page 3, line 9, after "rebates" insert "and all other fees" and delete "negotiated" and insert "received"

 

Page 3, line 17, delete "benefits" and insert "benefit" and delete the period and insert a semicolon


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Page 3, delete lines 18 to 22 and insert:

 

"(4) the percentage of rebates that were retained by the pharmacy benefit manager, and the percentage of all other fees that were retained by the pharmacy benefit manager, for prescription drugs included in the list compiled by the commissioner under subdivision 2, paragraph (a); and

 

(5) the highest, lowest, and mean total retained rebate and fees percentages for prescription drugs included in the list compiled by the commissioner under subdivision 2, paragraph (a), for all of the pharmacy benefit manager's health plan company clients and for each health plan company client."

 

Page 3, before line 23, insert:

 

"Subd. 5.  Health plan company's duties.  Each health plan company as part of the rate approval process under section 62A.02 shall submit to the commissioner of commerce the following information regarding the prescription drugs included on the list compiled by the commissioner under subdivision 2, paragraph (a):

 

(1) the percentage of the premium attributable to these prescription drugs for the prior plan year;

 

(2) the percentage of premium attributable to costs for these prescription drugs for the plan year for which the rate approval is submitted;

 

(3) the year-over-year change, as a percentage, in total spending for these prescription drugs;

 

(4) the year-over-year change in per-member, per-month plan costs for these prescription drugs compared to other components of the health care premium;

 

(5) the year-over-year change in average plan enrollee annual cost-sharing for these prescription drugs;

 

(6) information on its use of a pharmacy benefit manager, if any, and which components of the prescription drug benefit is managed by the pharmacy benefit manager;

 

(7) total rebates and discounts for the prescription drugs received from the pharmacy benefit manager;

 

(8) a description of how pharmacy benefit manager discounts impact plan decisions regarding patient cost‑sharing amounts; and

 

(9) total amount of administrative fees paid to pharmacy benefit managers for the previous plan year for these prescription drugs.

 

Subd. 6.  Pharmacy duties.  By May 1 of each year beginning May 1, 2020, each pharmacy licensed under chapter 151 shall submit to the commissioner a report that includes the following information regarding the prescription drugs included on the list compiled by the commissioner under subdivision 2, paragraph (a):

 

(1) total payment received from pharmacy benefit managers for these prescription drugs during the previous calendar year;

 

(2) total payments received from health plans for these prescription drugs during the previous calendar year;

 

(3) total payments made to wholesalers, distributors, or manufacturers, to purchase drugs during the previous calendar year; and


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(4) total fees paid to pharmacy benefit managers for these prescription drugs during the previous calendar year."

 

Page 3, line 23, delete "5" and insert "7"

 

Page 3, line 26, after "prices," insert "the extent to which rebates and other fees paid to pharmacy benefit managers contribute to price increases for the prescription drugs that appear on the most current lists pursuant to subdivision 2,"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Policy.

 

      The report was adopted.

 

 

Moran from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 359, A bill for an act relating to health; prohibiting the use of certain flame-retardant chemicals in certain products; amending Minnesota Statutes 2018, section 325F.071.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Environment and Natural Resources Policy.

 

      The report was adopted.

 

 

Halverson from the Committee on Commerce to which was referred:

 

H. F. No. 485, A bill for an act relating to human services; establishing an insulin assistance program; establishing the insulin assistance account in the special revenue fund; requiring drug manufacturers to pay an insulin product fee; providing for emergency refills; appropriating money; amending Minnesota Statutes 2018, sections 151.252, subdivision 1; 151.37, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 151; 256.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  CITATION.

 

This act may be cited as "The Alec Smith Emergency Insulin Act."

 

Sec. 2.  Minnesota Statutes 2018, section 147.37, is amended to read:

 

147.37 INFORMATION PROVISION; PHARMACEUTICAL ASSISTANCE PROGRAMS.

 

At least annually, the board shall encourage licensees who are authorized to prescribe drugs to make available to patients information on free and discounted prescription drug programs offered by pharmaceutical manufacturers when the information is provided to the licensees at no cost sources of lower cost prescription drugs and shall provide these licensees with the address for the website established by the Board of Pharmacy pursuant to section 151.06, subdivision 6.


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Sec. 3.  [148.192] INFORMATION PROVISION; PHARMACEUTICAL ASSISTANCE PROGRAMS.

 

At least annually, the board shall encourage licensees who are authorized to prescribe drugs to make available to patients information on sources of lower cost prescription drugs and shall provide these licensees with the address for the website established by the Board of Pharmacy pursuant to section 151.06, subdivision 6.

 

Sec. 4.  Minnesota Statutes 2018, section 151.06, is amended by adding a subdivision to read:

 

Subd. 6.  Information provision; sources of lower cost prescription drugs.  (a) The board shall publish a page on its website that provides regularly updated information concerning: 

 

(1) pharmaceutical manufacturer patient assistance programs;

 

(2) the prescription drug assistance program established by the Minnesota Board of Aging under section 256.975, subdivision 9;

 

(3) the emergency insulin assistance program established under section 256.937;

 

(4) the websites through which individuals can access information concerning eligibility for and enrollment in Medicare, medical assistance, MinnesotaCare, and other government-funded programs that help pay for the cost of health care;

 

(5) the program established under section 340b of the federal Public Health Services Act, United States Code, title 42, section 256b; and

 

(6) any other resource that the board deems useful to individuals who are attempting to purchase prescription drugs at lower costs. 

 

(b) The board shall prepare educational documents and materials, including brochures and posters, based on the information it provides on its website under paragraph (a).  The documents and materials shall be in a form that can be downloaded from the board's website and used for patient education by pharmacists and by practitioners who are licensed to prescribe.  The board is not required to provide printed copies of these documents and materials. 

 

(c) At least annually, the board shall encourage licensed pharmacists and pharmacies to make available to patients information on sources of lower cost prescription drugs and shall provide these licensees with the address for the website established under paragraph (a).

 

Sec. 5.  Minnesota Statutes 2018, section 151.252, subdivision 1, is amended to read:

 

Subdivision 1.  Requirements.  (a) No person shall act as a drug manufacturer without first obtaining a license from the board and paying any applicable fee specified in section 151.065.

 

(b) In addition to the license required under paragraph (a), a manufacturer of insulin must pay the applicable insulin registration fee in section 151.254, by June 1 of each year, beginning June 1, 2020.  In the event of a change of ownership of the manufacturer, the new owner must pay the registration fee in section 151.254 that the original owner would have been assessed had it retained ownership.  The board may assess a late fee of ten percent per month for any portion of a month that the registration fee is paid after the due date.  The registration fee collected under this paragraph, including any late fees, shall be deposited in the insulin assistance account established under section 256.938.


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(b) (c) Application for a drug manufacturer license under this section shall be made in a manner specified by the board.

 

(c) (d) No license shall be issued or renewed for a drug manufacturer unless the applicant agrees to operate in a manner prescribed by federal and state law and according to Minnesota Rules.

 

(d) (e) No license shall be issued or renewed for a drug manufacturer that is required to be registered pursuant to United States Code, title 21, section 360, unless the applicant supplies the board with proof of registration.  The board may establish by rule the standards for licensure of drug manufacturers that are not required to be registered under United States Code, title 21, section 360.

 

(e) (f) No license shall be issued or renewed for a drug manufacturer that is required to be licensed or registered by the state in which it is physically located unless the applicant supplies the board with proof of licensure or registration.  The board may establish, by rule, standards for the licensure of a drug manufacturer that is not required to be licensed or registered by the state in which it is physically located.

 

(f) (g) The board shall require a separate license for each facility located within the state at which drug manufacturing occurs and for each facility located outside of the state at which drugs that are shipped into the state are manufactured.

 

(g) (h) The board shall not issue an initial or renewed license for a drug manufacturing facility unless the facility passes an inspection conducted by an authorized representative of the board.  In the case of a drug manufacturing facility located outside of the state, the board may require the applicant to pay the cost of the inspection, in addition to the license fee in section 151.065, unless the applicant furnishes the board with a report, issued by the appropriate regulatory agency of the state in which the facility is located or by the United States Food and Drug Administration, of an inspection that has occurred within the 24 months immediately preceding receipt of the license application by the board.  The board may deny licensure unless the applicant submits documentation satisfactory to the board that any deficiencies noted in an inspection report have been corrected.

 

Sec. 6.  [151.254] INSULIN REGISTRATION FEE.

 

Subdivision 1.  Definition.  (a) For purposes of this section, the following terms have the meanings given them.

 

(b) "Manufacturer" means a manufacturer licensed under section 151.252 engaged in the manufacturing of insulin.

 

(c) "Wholesaler" means a wholesale drug distributor licensed under section 151.47 and engaged in the wholesale drug distribution of insulin.

 

Subd. 2.  Reporting requirements.  (a) Effective March 1 of each year, beginning March 1, 2020, each manufacturer and each wholesaler must report to the Board of Pharmacy every sale, delivery, or other distribution within or into the state of insulin that was made to any practitioner, pharmacy, hospital, or other person who is permitted by section 151.37 to possess insulin for administration or was dispensed to human patients during the previous calendar year.  Reporting must be in a manner specified by the board.  If the manufacturer or wholesaler fails to provide information required under this paragraph on a timely basis, the board may assess an administrative penalty of $100 per day.  This penalty shall not be considered a form of disciplinary action.  Any penalty assessed under this section shall be deposited in the insulin assistance account established under section 256.938.

 

(b) By March 1 of each year, beginning March 1, 2020, each owner of a pharmacy with at least one location within this state must report to the board any intracompany delivery or distribution of insulin into this state, to the extent that those deliveries and distributions are not reported to the board by a licensed wholesaler owned by, under


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contract to, or otherwise operating on behalf of the owner of the pharmacy.  Reporting must be in the manner and format specified by the board for deliveries and distributions that occurred during the previous calendar year.  The report must include the name of the manufacturer or wholesaler from which the owner of the pharmacy ultimately purchased the insulin and the amount and date the purchase occurred. 

 

Subd. 3.  Determination of manufacturer's registration fee.  (a) The board shall annually assess manufacturers a registration fee that in aggregate equals the total cost of the insulin assistance program established under section 256.937 for the previous fiscal year, including any administration costs incurred by the commissioner of human services or the board in collecting the fee.  The board shall determine each manufacturer's annual insulin registration fee that is prorated and based on the manufacturer's percentage of the total number of units reported to the board under subdivision 2.  For the first assessment, the commissioner shall estimate the cost of the program for the first fiscal year and notify the board of the estimated cost by March 1, 2020.  The board shall determine each manufacturer's initial registration fee based on the estimated cost.

 

(b) By April 1 of each year, beginning April 1, 2020, the board shall notify each manufacturer of the annual amount of the manufacturer's insulin registration fee to be paid in accordance with section 151.252, subdivision 1, paragraph (b).

 

(c) A manufacturer may dispute the fee assessed under this section as determined by the board no later than 30 days after the date of notification.  However, the manufacturer must still remit the registration fee required by section 151.252, subdivision 1, paragraph (b).  The dispute must be filed with the board in the manner and using the forms specified by the board.  A manufacturer must submit, with the required forms, data satisfactory to the board that demonstrates that the fee was incorrect or otherwise unwarranted.  The board must make a decision concerning a dispute no later than 60 days after receiving the required dispute forms.  If the board determines that the manufacturer has satisfactorily demonstrated that the original fee was incorrect, the board must:  (1) adjust the manufacturer's fee; (2) adjust the manufacturer's fee due the next year by the amount in excess of the correct fee that should have been paid; or (3) refund the amount paid in error.

 

Sec. 7.  [256.937] INSULIN ASSISTANCE PROGRAM.

 

Subdivision 1.  Establishment.  (a) The commissioner of human services shall implement an insulin assistance program by July 1, 2020.  Under the program, the commissioner shall:

 

(1) pay participating pharmacies for insulin that is dispensed by a participating pharmacy to an eligible individual subject to a valid prescription;

 

(2) maintain an up-to-date list of eligible individuals and make the list available to participating pharmacies; and

 

(3) ensure pharmacy participation in the program in all areas of the state and maintain an up-to-date list of participating pharmacies on the department's website.

 

(b) The commissioner may contract with a private entity or enter into an interagency agreement with another state agency to implement this program.

 

Subd. 2.  Eligible individual.  (a) To be eligible for the insulin assistance program, an individual must submit to the commissioner an application form that is signed by the individual.  To be eligible, an individual must:

 

(1) be a resident of Minnesota;

 

(2) not be eligible for Medicare, medical assistance, or MinnesotaCare;


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(3) have a family income that is equal to or less than 400 percent of the federal poverty guidelines; and

 

(4) be uninsured, have no prescription drug coverage, or be covered by an individual or group health plan with an out-of-pocket limit of $5,000 or greater.

 

(b) The commissioner shall develop an application form and make the form available to pharmacies, health care providers, and to individuals on the department's website.  An applicant must include their income and insurance status information with the application.  The commissioner may require the applicant to submit additional information to verify eligibility if deemed necessary by the commissioner.

 

(c) Upon receipt of a completed application and any additional information requested by the commissioner, the commissioner shall determine eligibility to the program.  Once the individual has been determined eligible, the individual shall be issued an identification card.  The card shall be valid for 90 days from the date of issuance and may be used at any participating pharmacy.  An individual is not eligible for renewal until 12 months from the card's expiration date, at which time the individual must submit a new application form and meet the qualifications in paragraph (a).

 

Subd. 3.  Pharmacy participation.  (a) Pharmacy participation in the program is voluntary.  In order to participate, a pharmacy must register with the commissioner and agree to reimbursement and other contract terms.  A pharmacy may withdraw from participation at any time by providing written notice to the commissioner.

 

(b) A pharmacy shall dispense insulin to eligible individuals who present a valid prescription and an identification card. 

 

(c) Eligible individuals are responsible for paying an insulin co-payment to the participating pharmacy that is equal to the prescription co-payment required under section 256L.03, subdivision 5.

 

(d) Notwithstanding paragraph (c), if an eligible individual has coverage through an individual or group health plan, the pharmacy must process the insulin in accordance with the individual's health plan. 

 

(e) When dispensing insulin to an eligible individual, a pharmacy must provide the individual with the address for the website established under section 151.06, subdivision 6, paragraph (a).

 

Sec. 8.  [256.938] INSULIN ASSISTANCE ACCOUNT.

 

Subdivision 1.  Establishment.  The insulin assistance account is established in the special revenue fund in the state treasury.  The fees collected by the Board of Pharmacy under section 151.252, subdivision 1, paragraph (b), shall be deposited into the account.

 

Subd. 2.  Use of account funds.  For fiscal year 2021 and subsequent fiscal years, money in the insulin assistance account is appropriated to the commissioner of human services to fund the insulin assistance program established under section 256.937."


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Delete the title and insert:

 

"A bill for an act relating to human services; establishing the pharmaceutical assistance program; establishing the insulin assistance account in the special revenue fund; establishing fees and penalties; appropriating money; amending Minnesota Statutes 2018, sections 147.37; 151.06, by adding a subdivision; 151.252, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 148; 151; 256."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Policy.

 

      The report was adopted.

 

 

Moran from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 522, A bill for an act relating to human services; modifying MFIP sanctions and hardship extensions; amending Minnesota Statutes 2018, sections 256J.425, subdivisions 1, 4, 5, 7; 256J.46, subdivision 1; repealing Minnesota Statutes 2018, sections 256J.425, subdivision 6; 256J.46, subdivisions 2, 2a.

 

Reported the same back with the following amendments:

 

Page 6, lines 25 to 29 and 32, reinstate the stricken language

 

Page 6, line 30, reinstate the stricken "if any, must" and delete "the cash portion of the grant shall"

 

Page 6, line 31, strike "standard of need for an" and insert "received by the" and strike "of the same size" and reinstate the stricken language

 

Page 7, line 14, strike "continued"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Lesch from the Judiciary Finance and Civil Law Division to which was referred:

 

H. F. No. 554, A bill for an act relating to human services; permitting parent to petition for reestablishment of the legal parent and child relationship; prohibiting disqualification of individuals subject to human services background studies with expunged criminal records; amending Minnesota Statutes 2018, sections 245C.08, subdivision 1; 260C.329, subdivisions 3, 7, 8, by adding a subdivision; repealing Minnesota Statutes 2018, section 260C.329, subdivision 5.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.


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Moran from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 557, A bill for an act relating to health; protecting physician-patient relationship by prohibiting noncompete agreements; proposing coding for new law in Minnesota Statutes, chapter 145.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Labor.

 

      The report was adopted.

 

 

Moran from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 563, A bill for an act relating to child abuse; creating Heaven's Law; directing the commissioner of human services to report to the legislature on information sharing in interstate child protection investigations; requiring an investigation into a future interstate compact on child protection data; requiring that certain information be requested as part of an assessment or investigation; requiring consideration of past maltreatment to determine investigations; amending Minnesota Statutes 2018, section 626.556, subdivisions 10, 10e.

 

Reported the same back with the recommendation that the bill be re-referred to the Public Safety and Criminal Justice Reform Finance and Policy Division.

 

      The report was adopted.

 

 

Youakim from the Committee on Education Policy to which was referred:

 

H. F. No. 566, A bill for an act relating to education; requiring school safety assessment teams; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 121A.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  [121A.35] SCHOOL SAFETY ASSESSMENT.

 

Subdivision 1.  School safety assessment.  "School safety assessment" means a fact-based and evidence-based process using an integrated team approach that helps schools evaluate and assess potentially threatening situations or students whose behavior may pose a threat to the safety of the school, staff, or students.

 

Subd. 2.  Policy.  A school board must adopt a policy to establish safety assessment teams to conduct school safety assessments consistent with subdivision 1.  A safety assessment policy must be consistent with district policies in sections 121A.035, 125A.027, 125A.08, and 125A.091, and Code of Federal Regulations, title 34, sections 300.300 to 300.304, and with any guidance provided by the Department of Public Safety's School Safety Center.  A safety assessment policy must include procedures for referrals for special education or section 504 evaluations, and to mental health centers or health care providers for evaluation or treatment when appropriate.  A safety assessment policy must require notice to the parent or guardian of a student whose behavior is assessed under this section unless notice to the parent or guardian is not in the minor's best interests, consistent with sections 13.02, subdivision 8, and 13.32, subdivision 2.


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Subd. 3.  Oversight.  The superintendent of a school district must establish a committee or individual charged with oversight of the safety assessment teams operating within the district, which may be an existing committee established by the school board.

 

Subd. 4.  Safety assessment teams.  (a) The superintendent of a school district must establish for each school a safety assessment team that includes, to the extent practicable, school officials with expertise in counseling, school psychology, school administration, and students with disabilities, as well as cultural liaisons, certified, licensed, or otherwise qualified mental health and treatment professionals, and law enforcement.  The team may include human resources personnel or legal counsel if the subject of the assessment is not a student.  A safety assessment team may serve one or more schools, as determined by the superintendent.

 

(b) A safety assessment team must:

 

(1) provide guidance to school staff, parents, and students regarding recognition of threatening or concerning behavior that may represent a threat to the community, school, staff, or students, and the members of the school to whom threatening or concerning behavior should be reported;

 

(2) consider whether there is sufficient information to determine whether a student or other person poses a threat;

 

(3) implement a policy adopted by the school board under subdivision 2;

 

(4) report summary data on its activities according to guidance developed by the School Safety Center; and

 

(5) comply with applicable special education requirements, including sections 125A.027, 125A.08, and 125A.091, and Code of Federal Regulations, title 34, sections 300.300 to 300.304.

 

(c) Upon a preliminary determination that a student poses a threat of violence or physical harm to self or others, a safety assessment team must immediately report its determination to the district superintendent or the superintendent's designee, who must immediately attempt to notify the student's parent or legal guardian, and provide the parent or guardian written notice, unless notice to the parent or guardian is not in the student's best interest.  The safety assessment team must consider services to address the student's underlying behavioral or mental health issues, which may include counseling, social work services, character education consistent with section 120B.232, social emotional learning, evidence-based academic and positive behavioral interventions and supports, mental health services, and referrals for special education or section 504 evaluations.  Upon the request of a parent or guardian of a student who is the subject of a safety assessment, a safety assessment team must provide the parent or guardian with a copy of the data related to the safety assessment after the team determines that the threat has been addressed, consistent with subdivision 5.

 

(d) Upon determining that a student exhibits suicidal ideation or self-harm, a school safety assessment team must follow the district's suicide prevention policy or protocol or refer the student to an appropriate school-linked mental health professional or other support personnel.  Access to information regarding a student exhibiting suicidal ideation or self-harm is subject to section 13.32, subdivision 2.

 

(e) Nothing in this section precludes a school district official or employee from acting immediately to address an imminent threat.

 

(f) Nothing in this section modifies or affects a school district's obligations under state and federal law relating to students with disabilities.


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Subd. 5.  Redisclosure.  (a) A safety assessment team member must not redisclose educational records or use any record of an individual beyond the purpose for which the disclosure was made to the safety assessment team.  A school district employee who has access to information related to a safety assessment is subject to this subdivision.

 

(b) Nothing in this section prohibits the disclosure of educational records in health, including mental health, and safety emergencies in accordance with state and federal law.  Data related to a safety assessment must not be provided to law enforcement without a reasonable cause or need for law enforcement involvement or knowledge.  A school district must notify a parent or guardian when data related to a safety assessment is provided to a law enforcement official who is not a member of the safety assessment team, unless notice to the parent or guardian is not in the student's best interests, consistent with sections 13.02, subdivision 8, and 13.32, subdivision 2.

 

EFFECTIVE DATE.  This section is effective for the 2020-2021 school year and later.

 

Sec. 2.  APPROPRIATIONS.

 

Subdivision 1.  Commissioner of education.  The sums indicated in this section are appropriated from the general fund to the commissioner of education in the fiscal years designated.

 

Subd. 2.  Safety assessment grants.  (a) For grants to school districts for training for members of safety assessment teams and oversight committees under Minnesota Statutes, section 121A.35:

 

 

 

$300,000

. . . . .

2020

 

 

$0

. . . . .

2021

 

(b) The commissioner and the director of the Minnesota School Safety Center are encouraged to develop safety assessment training guidelines and provide school districts a list of approved safety assessment training programs.

 

(c) Of these amounts, up to three percent is for administering the grant.  The commissioner may use the administration funds for developing model safety assessment policies, procedures, and guidelines.

 

(d) This is a onetime appropriation.  This appropriation is available until June 30, 2021."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Persell from the Committee on Environment and Natural Resources Policy to which was referred:

 

H. F. No. 680, A bill for an act relating to game and fish; allowing use of leashed dogs to track big game under certain conditions; amending Minnesota Statutes 2018, sections 97A.321, subdivision 1; 97B.011; 97B.205.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2018, section 97A.321, subdivision 1, is amended to read:


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Subdivision 1.  Owner responsibility; penalty amount.  (a) The owner of a dog that pursues but does not kill or mortally wound a big game animal is subject to a civil penalty of $100 for each violation.  The owner of a dog that kills or mortally wounds a big game animal is subject to a civil penalty of $500 for each violation.

 

(b) Paragraph (a) does not apply to a person using a dog in compliance with section 97B.207.

 

Sec. 2.  Minnesota Statutes 2018, section 97B.011, is amended to read:

 

97B.011 DOGS PURSUING BIG GAME.

 

(a) A person who observes a dog wounding, killing, or pursuing in a manner that endangers big game may kill the dog:

 

(1) at any time, if the person is a peace officer or conservation officer; or

 

(2) between January 1 and July 14, if the person is not a peace officer or conservation officer and the discharge of firearms is allowed.

 

The officer or person is not liable for damages for killing the dog.

 

(b) Paragraph (a) does not apply to a dog used in compliance with section 97B.207.

 

Sec. 3.  Minnesota Statutes 2018, section 97B.081, subdivision 3, is amended to read:

 

Subd. 3.  Exceptions.  (a) It is not a violation of this section for a person to:

 

(1) cast the rays of a spotlight, headlight, or other artificial light to take raccoons according to section 97B.621, subdivision 3, or tend traps according to section 97B.931;

 

(2) hunt fox or coyote from January 1 to March 15 while using a handheld artificial light, provided that the person is:

 

(i) on foot;

 

(ii) using a shotgun;

 

(iii) not within a public road right-of-way;

 

(iv) using a handheld or electronic calling device; and

 

(v) not within 200 feet of a motor vehicle; or

 

(3) cast the rays of a handheld artificial light to retrieve wounded or dead big game animals, provided that the person is:

 

(i) on foot; and

 

(ii) not in possession of a firearm or bow.

 

(b) It is not a violation of subdivision 2 for a person to cast the rays of a spotlight, headlight, or other artificial light to:


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(1) carry out any agricultural, safety, emergency response, normal vehicle operation, or occupation-related activities that do not involve taking wild animals; or

 

(2) carry out outdoor recreation as defined in section 97B.001 that is not related to spotting, locating, or taking a wild animal.

 

(c) Except as otherwise provided by the game and fish laws, it is not a violation of this section for a person to use an electronic range finder device from one-half hour before sunrise until one-half hour after sunset while lawfully hunting wild animals.

 

(d) It is not a violation of this section for a licensed bear hunter to cast the rays of a handheld artificial light to track or retrieve a wounded or dead bear while possessing a firearm, provided that:

 

(1) if the person:

 

(1) (i) has the person's valid bear-hunting license in possession;

 

(2) (ii) is on foot; and

 

(3) (iii) is following the blood trail of a bear that was shot during legal shooting hours; or

 

(2) as provided in section 97B.207.

 

(e) It is not a violation of this section for a licensed deer hunter to cast the rays of a handheld artificial light to track or retrieve a wounded deer as provided in section 97B.207.

 

(f) For purposes of this subdivision, "handheld artificial light" means an artificial light that is carried in the hand or attached to the person.

 

Sec. 4.  Minnesota Statutes 2018, section 97B.205, is amended to read:

 

97B.205 USE OF USING DOGS AND HORSES TO TAKE BIG GAME PROHIBITED.

 

A person may not use a dog or horse to take big game, except as provided under section 97B.207.

 

Sec. 5.  [97B.207] USING DOGS TO LOCATE WOUNDED DEER OR BEAR.

 

Subdivision 1.  Using dogs allowed.  A person may use a dog to locate and retrieve a wounded deer or bear only as provided in this section.

 

Subd. 2.  Requirements for hunters and handlers.  (a) A person attempting to locate and retrieve a wounded deer or bear using a dog must have a valid license to take the deer or bear and have the license in possession.  If the person is a dog handler that does not have a valid hunting license, the person must be accompanied by a licensed hunter with the license in possession.

 

(b) The licensed hunter, and any accompanying dog handler, must be on foot and must wear blaze orange or blaze pink as provided in section 97B.071, paragraph (a).

 

(c) Any light used must be a handheld artificial light, as defined under section 97B.081, subdivision 3, paragraph (f).


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Subd. 3.  Requirements for dogs.  (a) A dog used to locate a wounded deer or bear must be accompanied by a licensed hunter and any dog handler until the wounded deer or bear is located.  The dog must be leashed and the licensed hunter or dog handler must be in physical control of the leash at all times.  The leash must not exceed 30 feet in length.

 

(b) The dog owner's information, including the owner's name and telephone number, must be on the dog while the dog is used to locate a wounded deer or bear under this section.

 

(c) The licensed hunter and any accompanying dog handler are jointly and severally responsible for a dog under this section.  A violation of this subdivision is a misdemeanor under section 97A.301, subdivision 1, and section 97A.421 applies.

 

Subd. 4.  Additional requirements.  (a) The trespass provisions in section 97B.001 apply to activities under this section, including all requirements to gain permission to enter private or public property.

 

(b) Activities under this section may occur during legal shooting hours or outside legal shooting hours of the open season for the location and species.  Any activity occurring under this section outside the open season for the location and species must be reported to the local conservation officer before locating or retrieving the wounded deer or bear."

 

Amend the title as follows:

 

Page 1, line 3, after the semicolon, insert "modifying use of artificial lights; providing criminal penalties;"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Youakim from the Committee on Education Policy to which was referred:

 

H. F. No. 692, A bill for an act relating to education; expanding the use of extended time to pupils enrolled in career and technical education courses; amending Minnesota Statutes 2018, section 126C.05, subdivision 15.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Moran from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 743, A bill for an act relating to health; modifying payment for certain prescription medications; amending Minnesota Statutes 2018, section 151.71, by adding a subdivision.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.


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Moran from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 766, A bill for an act relating to health; modifying medical cannabis requirements; appropriating money; amending Minnesota Statutes 2018, sections 152.23; 152.27, subdivision 4; 152.28, subdivision 1; 152.29, subdivisions 1, 3; 152.33, subdivision 1; 290.0132, by adding a subdivision; 290.0134, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 152.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  Minnesota Statutes 2018, section 18K.02, subdivision 3, is amended to read:

 

Subd. 3.  Industrial hemp.  "Industrial hemp" means the plant any plant species of the genus Cannabis sativa L.  and any part parts of the plant, whether growing or not, including the plant's seeds, and all the plant's derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol concentration of not more than 0.3 percent on a dry weight basis.  Industrial hemp is not marijuana as defined in section 152.01, subdivision 9.

 

Sec. 2.  Minnesota Statutes 2018, section 18K.03, is amended to read:

 

18K.03 AGRICULTURAL CROP; POSSESSION AUTHORIZED.

 

Subdivision 1.  Industrial hemp.  Industrial hemp is an agricultural crop in this state.  A person may possess, transport, process, sell, or buy industrial hemp that is grown pursuant to this chapter.

 

Subd. 2.  Sale to medical cannabis manufacturers.  A licensee under this chapter may sell hemp to a medical cannabis manufacturer as authorized under sections 152.22 to 152.37.

 

Sec. 3.  Minnesota Statutes 2018, section 144.99, subdivision 1, is amended to read:

 

Subdivision 1.  Remedies available.  The provisions of chapters 103I and 157 and sections 115.71 to 115.77; 144.12, subdivision 1, paragraphs (1), (2), (5), (6), (10), (12), (13), (14), and (15); 144.1201 to 144.1204; 144.121; 144.1215; 144.1222; 144.35; 144.381 to 144.385; 144.411 to 144.417; 144.495; 144.71 to 144.74; 144.9501 to 144.9512; 144.97 to 144.98; 144.992; 152.22 to 152.37; 326.70 to 326.785; 327.10 to 327.131; and 327.14 to 327.28 and all rules, orders, stipulation agreements, settlements, compliance agreements, licenses, registrations, certificates, and permits adopted or issued by the department or under any other law now in force or later enacted for the preservation of public health may, in addition to provisions in other statutes, be enforced under this section.

 

Sec. 4.  Minnesota Statutes 2018, section 152.22, is amended by adding a subdivision to read:

 

Subd. 5a.  Hemp.  "Hemp" has the meaning given to industrial hemp in section 18K.02, subdivision 3.  Hemp is not marijuana as defined in section 152.01, subdivision 9.

 

Sec. 5.  Minnesota Statutes 2018, section 152.22, is amended by adding a subdivision to read:

 

Subd. 5b.  Hemp grower.  "Hemp grower" means a person licensed by the commissioner of agriculture under chapter 18K to grow hemp for commercial purposes.


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Sec. 6.  Minnesota Statutes 2018, section 152.22, subdivision 11, is amended to read:

 

Subd. 11.  Registered designated caregiver.  "Registered designated caregiver" means a person who:

 

(1) is at least 21 18 years old;

 

(2) does not have a conviction for a disqualifying felony offense;

 

(3) has been approved by the commissioner to assist a patient who has been identified by a health care practitioner as developmentally or physically disabled and therefore unable to self-administer medication requires assistance in administering medical cannabis or acquire obtaining medical cannabis from a distribution facility due to the disability; and

 

(4) is authorized by the commissioner to assist the patient with the use of medical cannabis.

 

Sec. 7.  Minnesota Statutes 2018, section 152.22, subdivision 13, is amended to read:

 

Subd. 13.  Registry verification.  "Registry verification" means the verification provided by the commissioner that a patient is enrolled in the registry program and that includes the patient's name, registry number, and qualifying medical condition and, if applicable, the name of the patient's registered designated caregiver or parent or legal guardian.

 

Sec. 8.  Minnesota Statutes 2018, section 152.25, subdivision 1, is amended to read:

 

Subdivision 1.  Medical cannabis manufacturer registration.  (a) The commissioner shall register two in-state manufacturers for the production of all medical cannabis within the state.  A registration agreement between the commissioner and a manufacturer is nontransferable.  The commissioner shall register new manufacturers or reregister the existing manufacturers by December 1 every two years, using the factors described in this subdivision.  The commissioner shall accept applications after December 1, 2014, if one of the manufacturers registered before December 1, 2014, ceases to be registered as a manufacturer.  The commissioner's determination that no manufacturer exists to fulfill the duties under sections 152.22 to 152.37 is subject to judicial review in Ramsey County District Court.  Data submitted during the application process are private data on individuals or nonpublic data as defined in section 13.02 until the manufacturer is registered under this section.  Data on a manufacturer that is registered are public data, unless the data are trade secret or security information under section 13.37.

 

(b) As a condition for registration, a manufacturer must agree to:

 

(1) begin supplying medical cannabis to patients by July 1, 2015; and

 

(2) comply with all requirements under sections 152.22 to 152.37.

 

(c) The commissioner shall consider the following factors when determining which manufacturer to register:

 

(1) the technical expertise of the manufacturer in cultivating medical cannabis and converting the medical cannabis into an acceptable delivery method under section 152.22, subdivision 6;

 

(2) the qualifications of the manufacturer's employees;

 

(3) the long-term financial stability of the manufacturer;

 

(4) the ability to provide appropriate security measures on the premises of the manufacturer;


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(5) whether the manufacturer has demonstrated an ability to meet the medical cannabis production needs required by sections 152.22 to 152.37; and

 

(6) the manufacturer's projection and ongoing assessment of fees on patients with a qualifying medical condition.

 

(d) If an officer, director, or controlling person of the manufacturer pleads or is found guilty of intentionally diverting medical cannabis to a person other than allowed by law under section 152.33, subdivision 1, the commissioner may decide not to renew the registration of the manufacturer, provided the violation occurred while the person was an officer, director, or controlling person of the manufacturer.

 

(e) The commissioner shall require each medical cannabis manufacturer to contract with an independent laboratory to test medical cannabis produced by the manufacturer.  The commissioner shall approve the laboratory chosen by each manufacturer and require that the laboratory report testing results to the manufacturer in a manner determined by the commissioner.

 

Sec. 9.  Minnesota Statutes 2018, section 152.25, subdivision 1a, is amended to read:

 

Subd. 1a.  Revocation, or nonrenewal, or denial of consent to transfer of a medical cannabis manufacturer registration.  If the commissioner intends to revoke, or not renew, or deny consent to transfer a registration issued under this section, the commissioner must first notify in writing the manufacturer against whom the action is to be taken and provide the manufacturer with an opportunity to request a hearing under the contested case provisions of chapter 14.  If the manufacturer does not request a hearing by notifying the commissioner in writing within 20 days after receipt of the notice of proposed action, the commissioner may proceed with the action without a hearing.  For revocations, the registration of a manufacturer is considered revoked on the date specified in the commissioner's written notice of revocation.

 

Sec. 10.  Minnesota Statutes 2018, section 152.25, subdivision 4, is amended to read:

 

Subd. 4.  Reports.  (a) The commissioner shall provide regular updates to the task force on medical cannabis therapeutic research and to the chairs and ranking minority members of the legislative committees with jurisdiction over health and human services, public safety, judiciary, and civil law regarding:  (1) any changes in federal law or regulatory restrictions regarding the use of medical cannabis or hemp; and (2) the market demand and supply in this state for products made from hemp that can be used for medicinal purposes.

 

(b) The commissioner may submit medical research based on the data collected under sections 152.22 to 152.37 to any federal agency with regulatory or enforcement authority over medical cannabis to demonstrate the effectiveness of medical cannabis for treating a qualifying medical condition.

 

Sec. 11.  Minnesota Statutes 2018, section 152.27, subdivision 2, is amended to read:

 

Subd. 2.  Commissioner duties.  (a) The commissioner shall:

 

(1) give notice of the program to health care practitioners in the state who are eligible to serve as health care practitioners and explain the purposes and requirements of the program;

 

(2) allow each health care practitioner who meets or agrees to meet the program's requirements and who requests to participate, to be included in the registry program to collect data for the patient registry;

 

(3) provide explanatory information and assistance to each health care practitioner in understanding the nature of therapeutic use of medical cannabis within program requirements;


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(4) create and provide a certification to be used by a health care practitioner for the practitioner to certify whether a patient has been diagnosed with a qualifying medical condition and include in the certification an option for the practitioner to certify whether the patient, in the health care practitioner's medical opinion, is developmentally or physically disabled and, as a result of that disability, the patient is unable to self-administer medication requires assistance in administering medical cannabis or acquire obtaining medical cannabis from a distribution facility;

 

(5) supervise the participation of the health care practitioner in conducting patient treatment and health records reporting in a manner that ensures stringent security and record-keeping requirements and that prevents the unauthorized release of private data on individuals as defined by section 13.02;

 

(6) develop safety criteria for patients with a qualifying medical condition as a requirement of the patient's participation in the program, to prevent the patient from undertaking any task under the influence of medical cannabis that would constitute negligence or professional malpractice on the part of the patient; and

 

(7) conduct research and studies based on data from health records submitted to the registry program and submit reports on intermediate or final research results to the legislature and major scientific journals.  The commissioner may contract with a third party to complete the requirements of this clause.  Any reports submitted must comply with section 152.28, subdivision 2.

 

(b) If the commissioner wishes to add a delivery method under section 152.22, subdivision 6, or a qualifying medical condition under section 152.22, subdivision 14, the commissioner must notify the chairs and ranking minority members of the legislative policy committees having jurisdiction over health and public safety of the addition and the reasons for its addition, including any written comments received by the commissioner from the public and any guidance received from the task force on medical cannabis research, by January 15 of the year in which the commissioner wishes to make the change.  The change shall be effective on August 1 of that year, unless the legislature by law provides otherwise.

 

Sec. 12.  Minnesota Statutes 2018, section 152.27, subdivision 3, is amended to read:

 

Subd. 3.  Patient application.  (a) The commissioner shall develop a patient application for enrollment into the registry program.  The application shall be available to the patient and given to health care practitioners in the state who are eligible to serve as health care practitioners.  The application must include:

 

(1) the name, mailing address, and date of birth of the patient;

 

(2) the name, mailing address, and telephone number of the patient's health care practitioner;

 

(3) the name, mailing address, and date of birth of the patient's designated caregiver, if any, or the patient's parent or legal guardian if the parent or legal guardian will be acting as a caregiver;

 

(4) a copy of the certification from the patient's health care practitioner that is dated within 90 days prior to submitting the application which certifies that the patient has been diagnosed with a qualifying medical condition and, if applicable, that, in the health care practitioner's medical opinion, the patient is developmentally or physically disabled and, as a result of that disability, the patient is unable to self-administer medication requires assistance in administering medical cannabis or acquire obtaining medical cannabis from a distribution facility; and

 

(5) all other signed affidavits and enrollment forms required by the commissioner under sections 152.22 to 152.37, including, but not limited to, the disclosure form required under paragraph (c).


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(b) The commissioner shall require a patient to resubmit a copy of the certification from the patient's health care practitioner on a yearly basis and shall require that the recertification be dated within 90 days of submission.

 

(c) The commissioner shall develop a disclosure form and require, as a condition of enrollment, all patients to sign a copy of the disclosure.  The disclosure must include:

 

(1) a statement that, notwithstanding any law to the contrary, the commissioner, or an employee of any state agency, may not be held civilly or criminally liable for any injury, loss of property, personal injury, or death caused by any act or omission while acting within the scope of office or employment under sections 152.22 to 152.37; and

 

(2) the patient's acknowledgement acknowledgment that enrollment in the patient registry program is conditional on the patient's agreement to meet all of the requirements of sections 152.22 to 152.37.

 

Sec. 13.  Minnesota Statutes 2018, section 152.27, subdivision 4, is amended to read:

 

Subd. 4.  Registered designated caregiver.  (a) The commissioner shall register a designated caregiver for a patient if the patient's health care practitioner has certified that the patient, in the health care practitioner's medical opinion, is developmentally or physically disabled and, as a result of that disability, the patient is unable to self‑administer medication or acquire requires assistance in administering medical cannabis or obtaining medical cannabis from a distribution facility and the caregiver has agreed, in writing, to be the patient's designated caregiver.  As a condition of registration as a designated caregiver, the commissioner shall require the person to:

 

(1) be at least 21 18 years of age;

 

(2) agree to only possess any the patient's medical cannabis for purposes of assisting the patient; and

 

(3) agree that if the application is approved, the person will not be a registered designated caregiver for more than one patient, unless the patients reside in the same residence.

 

(b) The commissioner shall conduct a criminal background check on the designated caregiver prior to registration to ensure that the person does not have a conviction for a disqualifying felony offense.  Any cost of the background check shall be paid by the person seeking registration as a designated caregiver.

 

(c) Nothing in sections 152.22 to 152.37 shall be construed to prevent a person registered as a designated caregiver from also being enrolled in the registry program as a patient and possessing and using medical cannabis as a patient.

 

Sec. 14.  Minnesota Statutes 2018, section 152.27, subdivision 6, is amended to read:

 

Subd. 6.  Patient enrollment.  (a) After receipt of a patient's application, application fees, and signed disclosure, the commissioner shall enroll the patient in the registry program and issue the patient and patient's registered designated caregiver or parent or legal guardian, if applicable, a registry verification.  The commissioner shall approve or deny a patient's application for participation in the registry program within 30 days after the commissioner receives the patient's application and application fee.  The commissioner may approve applications up to 60 days after the receipt of a patient's application and application fees until January 1, 2016.  A patient's enrollment in the registry program shall only be denied if the patient:

 

(1) does not have certification from a health care practitioner that the patient has been diagnosed with a qualifying medical condition;


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(2) has not signed and returned the disclosure form required under subdivision 3, paragraph (c), to the commissioner;

 

(3) does not provide the information required;

 

(4) has previously been removed from the registry program for violations of section 152.30 or 152.33; or

 

(5) provides false information.

 

(b) The commissioner shall give written notice to a patient of the reason for denying enrollment in the registry program.

 

(c) Denial of enrollment into the registry program is considered a final decision of the commissioner and is subject to judicial review under the Administrative Procedure Act pursuant to chapter 14.

 

(d) A patient's enrollment in the registry program may only be revoked upon the death of the patient or if a patient violates a requirement under section 152.30 or 152.33.

 

(e) The commissioner shall develop a registry verification to provide to the patient, the health care practitioner identified in the patient's application, and to the manufacturer.  The registry verification shall include:

 

(1) the patient's name and date of birth;

 

(2) the patient registry number assigned to the patient; and

 

(3) the patient's qualifying medical condition as provided by the patient's health care practitioner in the certification; and

 

(4) (3) the name and date of birth of the patient's registered designated caregiver, if any, or the name of the patient's parent or legal guardian if the parent or legal guardian will be acting as a caregiver.

 

Sec. 15.  Minnesota Statutes 2018, section 152.28, subdivision 1, is amended to read:

 

Subdivision 1.  Health care practitioner duties.  (a) Prior to a patient's enrollment in the registry program, a health care practitioner shall:

 

(1) determine, in the health care practitioner's medical judgment, whether a patient suffers from a qualifying medical condition, and, if so determined, provide the patient with a certification of that diagnosis;

 

(2) determine whether a patient is developmentally or physically disabled and, as a result of that disability, the patient is unable to self-administer medication or acquire requires assistance in administering medical cannabis or obtaining medical cannabis from a distribution facility, and, if so determined, include that determination on the patient's certification of diagnosis;

 

(3) advise patients, registered designated caregivers, and parents or legal guardians who are acting as caregivers of the existence of any nonprofit patient support groups or organizations;

 

(4) provide explanatory information from the commissioner to patients with qualifying medical conditions, including disclosure to all patients about the experimental nature of therapeutic use of medical cannabis; the possible risks, benefits, and side effects of the proposed treatment; the application and other materials from the commissioner; and provide patients with the Tennessen warning as required by section 13.04, subdivision 2; and


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(5) agree to continue treatment of the patient's qualifying medical condition and report medical findings to the commissioner.

 

(b) Upon notification from the commissioner of the patient's enrollment in the registry program, the health care practitioner shall:

 

(1) participate in the patient registry reporting system under the guidance and supervision of the commissioner;

 

(2) report health records of the patient throughout the ongoing treatment of the patient to the commissioner in a manner determined by the commissioner and in accordance with subdivision 2;

 

(3) determine, on a yearly basis, if the patient continues to suffer from a qualifying medical condition and, if so, issue the patient a new certification of that diagnosis; and

 

(4) otherwise comply with all requirements developed by the commissioner.

 

(c) A health care practitioner may conduct a patient assessment to issue a recertification as required under paragraph (b), clause (3), via telemedicine as defined under section 62A.671, subdivision 9.

 

(c) (d) Nothing in this section requires a health care practitioner to participate in the registry program.

 

Sec. 16.  Minnesota Statutes 2018, section 152.29, subdivision 1, is amended to read:

 

Subdivision 1.  Manufacturer; requirements.  (a) A manufacturer shall operate four eight distribution facilities, which may include the manufacturer's single location for cultivation, harvesting, manufacturing, packaging, and processing but is not required to include that location.  A manufacturer is required to begin distribution of medical cannabis from at least one distribution facility by July 1, 2015.  All distribution facilities must be operational and begin distribution of medical cannabis by July 1, 2016.  The distribution facilities shall be located The commissioner shall designate the geographical service areas to be served by each manufacturer based on geographical need throughout the state to improve patient access.  A manufacturer shall disclose the proposed locations for the distribution facilities to the commissioner during the registration process.  A manufacturer shall not have more than two distribution facilities in each geographical service area assigned to the manufacturer by the commissioner.  A manufacturer shall operate only one location where all cultivation, harvesting, manufacturing, packaging, and processing shall be conducted.  Any This location may be one of the manufacturer's distribution facility sites.  The additional distribution facilities may dispense medical cannabis and medical cannabis products but may not contain any medical cannabis in a form other than those forms allowed under section 152.22, subdivision 6, and the manufacturer shall not conduct any cultivation, harvesting, manufacturing, packaging, or processing at an additional the other distribution facility site sites.  Any distribution facility operated by the manufacturer is subject to all of the requirements applying to the manufacturer under sections 152.22 to 152.37, including, but not limited to, security and distribution requirements.

 

(b) A manufacturer may acquire hemp from a hemp grower.  A manufacturer may manufacture or process hemp into an allowable form of medical cannabis under section 152.22, subdivision 6.  Hemp acquired by a manufacturer under this paragraph is subject to the same quality control program, security and testing requirements, and other requirements that apply to medical cannabis plant material under sections 152.22 to 152.37 and Minnesota Rules, chapter 4770.

 

(b) (c) A medical cannabis manufacturer shall contract with a laboratory approved by the commissioner, subject to any additional requirements set by the commissioner, for purposes of testing medical cannabis manufactured by the medical cannabis manufacturer as to content, contamination, and consistency to verify the medical cannabis meets the requirements of section 152.22, subdivision 6.  The cost of laboratory testing shall be paid by the manufacturer.


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(c) (d) The operating documents of a manufacturer must include:

 

(1) procedures for the oversight of the manufacturer and procedures to ensure accurate record keeping; and

 

(2) procedures for the implementation of appropriate security measures to deter and prevent the theft of medical cannabis or hemp and unauthorized entrance into areas containing medical cannabis.  or hemp; and

 

(3) procedures for the transportation and delivery of hemp from hemp growers to manufacturers.

 

(d) (e) A manufacturer shall implement security requirements, including requirements for the transportation and delivery of hemp from hemp growers to manufacturers, protection of each location by a fully operational security alarm system, facility access controls, perimeter intrusion detection systems, and a personnel identification system.

 

(e) (f) A manufacturer shall not share office space with, refer patients to a health care practitioner, or have any financial relationship with a health care practitioner.

 

(f) (g) A manufacturer shall not permit any person to consume medical cannabis on the property of the manufacturer.

 

(g) (h) A manufacturer is subject to reasonable inspection by the commissioner.

 

(h) (i) For purposes of sections 152.22 to 152.37, a medical cannabis manufacturer is not subject to the Board of Pharmacy licensure or regulatory requirements under chapter 151.

 

(i) (j) A medical cannabis manufacturer may not employ any person who is under 21 years of age or who has been convicted of a disqualifying felony offense.  An employee of a medical cannabis manufacturer must submit a completed criminal history records check consent form, a full set of classifiable fingerprints, and the required fees for submission to the Bureau of Criminal Apprehension before an employee may begin working with the manufacturer.  The bureau must conduct a Minnesota criminal history records check and the superintendent is authorized to exchange the fingerprints with the Federal Bureau of Investigation to obtain the applicant's national criminal history record information.  The bureau shall return the results of the Minnesota and federal criminal history records checks to the commissioner.

 

(j) (k) A manufacturer may not operate in any location, whether for distribution or cultivation, harvesting, manufacturing, packaging, or processing, within 1,000 feet of a public or private school existing before the date of the manufacturer's registration with the commissioner.

 

(k) (l) A manufacturer shall comply with reasonable restrictions set by the commissioner relating to signage, marketing, display, and advertising of medical cannabis.

 

(m) Before a manufacturer acquires hemp from a hemp grower, the manufacturer must verify that the hemp grower has a valid license issued by the commissioner of agriculture under chapter 18K.

 

Sec. 17.  Minnesota Statutes 2018, section 152.29, subdivision 2, is amended to read:

 

Subd. 2.  Manufacturer; production.  (a) A manufacturer of medical cannabis shall provide a reliable and ongoing supply of all medical cannabis needed for the registry program through cultivation by the manufacturer and through the purchase of hemp from hemp growers.


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(b) All cultivation, and harvesting performed by the manufacturer, and all manufacturing, packaging, and processing of medical cannabis and hemp, must take place in an enclosed, locked facility at a physical address provided to the commissioner during the registration process.

 

(c) A manufacturer must process and prepare any medical cannabis plant material or hemp plant material into a form allowable under section 152.22, subdivision 6, prior to distribution of any medical cannabis.

 

Sec. 18.  Minnesota Statutes 2018, section 152.29, subdivision 3, is amended to read:

 

Subd. 3.  Manufacturer; distribution.  (a) A manufacturer shall require that employees licensed as pharmacists pursuant to chapter 151 be the only employees to give final approval for the distribution of medical cannabis to a patient.  A manufacturer may transport medical cannabis or medical cannabis products that have been cultivated, harvested, manufactured, packaged, and processed by that manufacturer to another registered manufacturer for the other manufacturer to distribute.

 

(b) A manufacturer may dispense distribute medical cannabis products, whether or not the products have been manufactured by the that manufacturer, but is not required to dispense medical cannabis products.

 

(c) Prior to distribution of any medical cannabis, the manufacturer shall:

 

(1) verify that the manufacturer has received the registry verification from the commissioner for that individual patient;

 

(2) verify that the person requesting the distribution of medical cannabis is the patient, the patient's registered designated caregiver, or the patient's parent or legal guardian listed in the registry verification using the procedures described in section 152.11, subdivision 2d;

 

(3) assign a tracking number to any medical cannabis distributed from the manufacturer;

 

(4) ensure that any employee of the manufacturer licensed as a pharmacist pursuant to chapter 151 has consulted with the patient to determine the proper dosage for the individual patient after reviewing the ranges of chemical compositions of the medical cannabis and the ranges of proper dosages reported by the commissioner.  For purposes of this clause, a consultation may be conducted remotely using a videoconference, so long as the employee providing the consultation is able to confirm the identity of the patient, the consultation occurs while the patient is at a distribution facility, and the consultation adheres to patient privacy requirements that apply to health care services delivered through telemedicine;

 

(5) properly package medical cannabis in compliance with the United States Poison Prevention Packing Act regarding child-resistant packaging and exemptions for packaging for elderly patients, and label distributed medical cannabis with a list of all active ingredients and individually identifying information, including:

 

(i) the patient's name and date of birth;

 

(ii) the name and date of birth of the patient's registered designated caregiver or, if listed on the registry verification, the name of the patient's parent or legal guardian, if applicable;

 

(iii) the patient's registry identification number;

 

(iv) the chemical composition of the medical cannabis; and

 

(v) the dosage; and


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(6) ensure that the medical cannabis distributed contains a maximum of a 30-day 90-day supply of the dosage determined for that patient.

 

(d) A manufacturer shall require any employee of the manufacturer who is transporting medical cannabis or medical cannabis products to a distribution facility or to another registered manufacturer to carry identification showing that the person is an employee of the manufacturer.

 

Sec. 19.  Minnesota Statutes 2018, section 152.29, subdivision 3a, is amended to read:

 

Subd. 3a.  Transportation of medical cannabis or hemp; staffing.  A medical cannabis manufacturer may staff a transport motor vehicle with only one employee if the medical cannabis manufacturer is transporting medical cannabis or hemp to either a certified laboratory for the purpose of testing or a facility for the purpose of disposal.  If the medical cannabis manufacturer is transporting medical cannabis or hemp for any other purpose or destination, the transport motor vehicle must be staffed with a minimum of two employees as required by rules adopted by the commissioner.

 

Sec. 20.  Minnesota Statutes 2018, section 152.31, is amended to read:

 

152.31 DATA PRACTICES.

 

(a) Government data in patient files maintained by the commissioner and the health care practitioner, and data submitted to or by a medical cannabis manufacturer, are private data on individuals, as defined in section 13.02, subdivision 12, or nonpublic data, as defined in section 13.02, subdivision 9, but may be used for purposes of complying with chapter 13 and complying with a request from the legislative auditor or the state auditor in the performance of official duties.  The provisions of section 13.05, subdivision 11, apply to a registration agreement entered between the commissioner and a medical cannabis manufacturer under section 152.25.

 

(b) Not public data maintained by the commissioner may not be used for any purpose not provided for in sections 152.22 to 152.37, and may not be combined or linked in any manner with any other list, dataset, or database.

 

(c) The commissioner may execute data sharing arrangements with the commissioner of agriculture to verify licensing, inspection, and compliance information related to hemp growers under chapter 18K.

 

Sec. 21.  Minnesota Statutes 2018, section 152.33, subdivision 1, is amended to read:

 

Subdivision 1.  Intentional diversion; criminal penalty.  In addition to any other applicable penalty in law, a manufacturer or an agent of a manufacturer who intentionally transfers medical cannabis to a person other than another registered manufacturer, a patient, a registered designated caregiver or, if listed on the registry verification, a parent or legal guardian of a patient is guilty of a felony punishable by imprisonment for not more than two years or by payment of a fine of not more than $3,000, or both.  A person convicted under this subdivision may not continue to be affiliated with the manufacturer and is disqualified from further participation under sections 152.22 to 152.37.

 

Sec. 22.  Minnesota Statutes 2018, section 152.34, is amended to read:

 

152.34 HEALTH CARE FACILITIES.

 

(a) Health care facilities licensed under chapter 144A, hospice providers licensed under chapter 144A, boarding care homes or supervised living facilities licensed under section 144.50, assisted living facilities, and facilities owned, controlled, managed, or under common control with hospitals licensed under chapter 144, and other health facilities licensed by the commissioner of health, may adopt reasonable restrictions on the use of medical cannabis


Journal of the House - 20th Day - Monday, March 11, 2019 - Top of Page 963

by a patient enrolled in the registry program who resides at or is actively receiving treatment or care at the facility.  The restrictions may include a provision that the facility will not store or maintain the patient's supply of medical cannabis, that the facility is not responsible for providing the medical cannabis for patients, and that medical cannabis be used only in a place specified by the facility.

 

(b) Any employee or agent of a facility listed in this section or a person licensed under chapter 144E is not subject to violations under this chapter for possession of medical cannabis while carrying out employment duties, including providing or supervising care to a registered patient, or distribution of medical cannabis to a registered patient who resides at or is actively receiving treatment or care at the facility with which the employee or agent is affiliated.  Nothing in this section shall require the facilities to adopt such restrictions and no facility shall unreasonably limit a patient's access to or use of medical cannabis to the extent that use is authorized by the patient under sections 152.22 to 152.37.

 

Sec. 23.  Minnesota Statutes 2018, section 152.36, subdivision 2, is amended to read:

 

Subd. 2.  Impact assessment.  The task force shall hold hearings to evaluate the impact of the use of medical cannabis and hemp and Minnesota's activities involving medical cannabis and hemp, including, but not limited to:

 

(1) program design and implementation;

 

(2) the impact on the health care provider community;

 

(3) patient experiences;

 

(4) the impact on the incidence of substance abuse;

 

(5) access to and quality of medical cannabis, hemp, and medical cannabis products;

 

(6) the impact on law enforcement and prosecutions;

 

(7) public awareness and perception; and

 

(8) any unintended consequences.

 

Sec. 24.  APPROPRIATION.

 

$1,759,000 in fiscal year 2020 and $2,259,000 in fiscal year 2021 are appropriated from the state government special revenue fund to the commissioner of health for administration of the medical cannabis program under Minnesota Statutes, sections 152.22 to 152.37."

 

Delete the title and insert:

 

"A bill for an act relating to health; modifying medical cannabis and industrial hemp requirements; appropriating money; amending Minnesota Statutes 2018, sections 18K.02, subdivision 3; 18K.03; 144.99, subdivision 1; 152.22, subdivisions 11, 13, by adding subdivisions; 152.25, subdivisions 1, 1a, 4; 152.27, subdivisions 2, 3, 4, 6; 152.28, subdivision 1; 152.29, subdivisions 1, 2, 3, 3a; 152.31; 152.33, subdivision 1; 152.34; 152.36, subdivision 2."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Commerce.

 

      The report was adopted.


Journal of the House - 20th Day - Monday, March 11, 2019 - Top of Page 964

Youakim from the Committee on Education Policy to which was referred:

 

H. F. No. 768, A bill for an act relating to education finance; increasing age range of children served by school‑age care programs; increasing funding for school-age care programs; appropriating money; amending Minnesota Statutes 2018, sections 124D.19, subdivision 11; 124D.22.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Sundin from the Committee on Labor to which was referred:

 

H. F. No. 879, A bill for an act relating to contracts; modifying and clarifying requirements relating to building and construction contracts; amending Minnesota Statutes 2018, sections 337.01, subdivision 3; 337.05, subdivision 1.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Moran from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 927, A bill for an act relating to health; modifying license conditions for swing beds; amending Minnesota Statutes 2018, section 144.562, subdivision 2.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Moran from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 963, A bill for an act relating to health insurance; establishing supply requirements for prescription contraceptives; requiring health plans to cover contraceptive methods, sterilization, and related medical services, patient education, and counseling; establishing accommodations for eligible organizations; amending Minnesota Statutes 2018, section 256B.0625, subdivision 13; proposing coding for new law in Minnesota Statutes, chapter 62Q.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.


Journal of the House - 20th Day - Monday, March 11, 2019 - Top of Page 965

Freiberg from the Committee on Government Operations to which was referred:

 

H. F. No. 973, A bill for an act relating to environment; reinstating Minnesota Pollution Control Agency Citizens Board; amending Minnesota Statutes 2018, sections 116.02; 116.03, subdivisions 1, 2a; repealing Laws 2015, First Special Session chapter 4, article 4, section 149.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Halverson from the Committee on Commerce to which was referred:

 

H. F. No. 1121, A bill for an act relating to insurance; requiring underinsured and uninsured motorist coverage for motorcycles; amending Minnesota Statutes 2018, section 65B.48, subdivision 5.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Halverson from the Committee on Commerce to which was referred:

 

H. F. No. 1138, A bill for an act relating to commerce; providing for digital fair repair; proposing coding for new law in Minnesota Statutes, chapter 325E.

 

Reported the same back with the recommendation that the bill be re-referred to the Judiciary Finance and Civil Law Division.

 

      The report was adopted.

 

 

Freiberg from the Committee on Government Operations to which was referred:

 

H. F. No. 1150, A bill for an act relating to counties; allowing a county board to temporarily fill a county commissioner vacancy by appointment in certain circumstances; amending Minnesota Statutes 2018, section 375.101, subdivision 1.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Moran from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 1166, A bill for an act relating to human services; establishing adaptive fitness access grants; requiring a report; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 256.

 

Reported the same back with the following amendments:


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Page 2, line 28, delete "(1) stay fit;"

 

Page 2, line 29, delete "(2)" and insert "(1)" and delete "(3)" and insert "(2)"

 

Page 2, line 30, delete "(4)" and insert "(3)" and delete "(5)" and insert "(4)"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Moran from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 1182, A bill for an act relating to health; establishing a grant program to fund immunization-related activities for geographic areas and populations experiencing or at risk of experiencing an outbreak of a vaccine‑preventable disease; appropriating money.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  TARGETED GRANT PROGRAM TO PREVENT OR REDUCE THE RISK OF VACCINE-PREVENTABLE DISEASE OUTBREAKS.

 

Subdivision 1.  Grant program established.  The commissioner of health shall establish and administer a two‑year, targeted grant program to fund immunization-related activities to prevent or reduce the risk of vaccine‑preventable disease outbreaks, especially in communities with low immunization rates.  Grant recipients shall use grant funds to support immunization-related activities in at-risk communities to prevent or reduce the risk of vaccine-preventable disease outbreaks.  Entities eligible for grants under this section are community health boards, as defined in Minnesota Statutes, section 145A.02, subdivision 5, tribal governments, and community-based not-for-profit organizations experienced in serving geographic areas or populations experiencing or at risk of experiencing an outbreak of a vaccine-preventable disease.

 

Subd. 2.  Application.  Entities seeking a grant under this section shall apply to the commissioner in a form and manner and according to timelines established by the commissioner.  The application must include a complete description of the immunization-related activities the entity proposes, the geographic area or population to be served, the amount of funding sought, and a proposed budget detailing how the funds will be spent.

 

Subd. 3.  Information and education materials; content.  The commissioner must develop or provide grant recipients with culturally competent information and educational materials on immunizations, based on materials available from the Centers for Disease Control and Prevention.  The information and educational materials must be available in the primary languages of the populations experiencing or at risk of experiencing a vaccine-preventable disease outbreak and must at least address:

 

(1) the benefits of immunizations to individuals and communities;

 

(2) health information about the safety of immunizations;

 

(3) the recommended schedules of immunizations for children, adolescents, and adults;


Journal of the House - 20th Day - Monday, March 11, 2019 - Top of Page 967

(4) programs that provide free or reduced-cost immunizations to eligible individuals; and

 

(5) health clinics, health care providers, and other locations at which individuals may obtain immunizations.

 

Sec. 2.  APPROPRIATION.

 

$....... in fiscal year 2020 is appropriated from the general fund to the commissioner of health for the targeted grant program to prevent or reduce the risk of vaccine-preventable disease outbreaks under section 1.  This is a onetime appropriation and is available until June 30, 2021."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Halverson from the Committee on Commerce to which was referred:

 

H. F. No. 1241, A bill for an act relating to employment; requiring notice of call center or customer service operation relocations; providing for recapture of public subsidies; proposing coding for new law in Minnesota Statutes, chapter 116L.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Labor.

 

      The report was adopted.

 

 

Moran from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 1246, A bill for an act relating to health; establishing the Prescription Drug Price Transparency Act; requiring a report; proposing coding for new law in Minnesota Statutes, chapter 151.

 

Reported the same back with the recommendation that the bill be re-referred to the Judiciary Finance and Civil Law Division.

 

      The report was adopted.

 

 

Moran from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 1258, A bill for an act relating to human services; establishing a task force on childhood trauma‑informed policy and practices; requiring reports.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Government Operations.

 

      The report was adopted.


Journal of the House - 20th Day - Monday, March 11, 2019 - Top of Page 968

Freiberg from the Committee on Government Operations to which was referred:

 

H. F. No. 1267, A bill for an act relating to agriculture; extending the Minnesota Organic Advisory Task Force; amending Minnesota Statutes 2018, section 31.94.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Persell from the Committee on Environment and Natural Resources Policy to which was referred:

 

H. F. No. 1284, A bill for an act relating to natural resources; providing for funding for soil and water conservation districts; amending Minnesota Statutes 2018, sections 103C.331, subdivision 16, by adding a subdivision; 275.066; 444.075, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 103C.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Moran from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 1286, A bill for an act relating to health; allowing community health workers to provide telemedicine services; eliminating the medical assistance limit for certain telemedicine encounters; amending Minnesota Statutes 2018, sections 62A.671, subdivision 6; 256B.0625, subdivision 3b.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Moran from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 1287, A bill for an act relating to human services; establishing a parenting with a disability support services pilot project; requiring a report; appropriating money.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Government Operations.

 

      The report was adopted.


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Persell from the Committee on Environment and Natural Resources Policy to which was referred:

 

H. F. No. 1292, A bill for an act relating to natural resources; enhancing monetary penalties for certain unlawful pesticide applications; amending Minnesota Statutes 2018, section 18B.07, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 18D.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Halverson from the Committee on Commerce to which was referred:

 

H. F. No. 1378, A bill for an act relating to health care; requiring health maintenance organizations to be nonprofit corporations; amending Minnesota Statutes 2018, sections 62D.02, subdivision 4; 62D.03, subdivision 1; 62D.05, subdivision 1; 62D.06, subdivision 1; 62D.12, by adding a subdivision; 62D.19; 62E.02, subdivision 3.

 

Reported the same back with the following amendments:

 

Page 1, delete line 15

 

Page 2, delete lines 3 and 8

 

Page 3, delete lines 1, 13, and 32

 

Page 4, delete line 4 and insert: 

 

"Sec. 8.  EFFECTIVE DATE.

 

Sections 1 to 7 are effective upon the commissioner of commerce making a determination that this act will not result in:  (1) decreased health maintenance contract options for those purchasing individual health insurance; (2) decreased health care provider options for those purchasing individual health insurance; or (3) increased premiums for those purchasing individual health insurance.  The commissioner of commerce shall inform the revisor of statutes when this determination is made."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Health and Human Services Policy.

 

      The report was adopted.

 

 

Moran from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 1381, A bill for an act relating to health; establishing the community solutions for healthy child development grant program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 145.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Government Operations.

 

      The report was adopted.


Journal of the House - 20th Day - Monday, March 11, 2019 - Top of Page 970

Freiberg from the Committee on Government Operations to which was referred:

 

H. F. No. 1390, A bill for an act relating to education; modifying individualized education program requirements to permit reporting of student performance on assessments; authorizing rulemaking; amending Minnesota Statutes 2018, section 125A.08.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Education Policy.

 

      The report was adopted.

 

 

Moran from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 1407, A bill for an act relating to health; permitting certain outpatient surgical centers to share a facility; amending Minnesota Statutes 2018, section 144.55, subdivisions 1, 2, 9, by adding subdivisions; repealing Minnesota Statutes 2018, section 144.55, subdivision 10.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Moran from the Committee on Health and Human Services Policy to which was referred:

 

H. F. No. 1503, A bill for an act relating to health; adding tribal public health access to birth data; amending Minnesota Statutes 2018, section 144.225, subdivisions 2, 2a, 7.

 

Reported the same back with the recommendation that the bill be re-referred to the Judiciary Finance and Civil Law Division.

 

      The report was adopted.

 

 

Sundin from the Committee on Labor to which was referred:

 

H. F. No. 1507, A bill for an act relating to economic development; modifying Minnesota investment fund grant limits; modifying job training grants program; appropriating money; amending Minnesota Statutes 2018, sections 116J.8731, subdivision 5; 116L.40, subdivision 7; 116L.41, subdivision 4, by adding a subdivision.

 

Reported the same back with the following amendments:

 

Page 1, line 9, reinstate the stricken "$1,000,000" and delete "$2,000,000.  A" and insert ", except that a"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.


Journal of the House - 20th Day - Monday, March 11, 2019 - Top of Page 971

Persell from the Committee on Environment and Natural Resources Policy to which was referred:

 

H. F. No. 1586, A bill for an act relating to state lands; modifying requirements for conveying certain state land; adding to and deleting from state parks; authorizing sale of certain surplus state land; amending Minnesota Statutes 2018, sections 84.0273; 92.115, subdivision 1; 92.45; 94.09, subdivision 3; 94.10.

 

Reported the same back with the following amendments:

 

Page 2, delete section 3

 

Page 5, lines 10 to 13, reinstate the stricken language

 

Page 5, after line 31, insert:

 

"Sec. 5.  Minnesota Statutes 2018, section 282.01, subdivision 4, is amended to read:

 

Subd. 4.  Sale; method; requirements; effects.  (a) The sale authorized under subdivision 3 must be conducted by the county auditor at the county seat of the county in which the parcels lie, except that in St. Louis and Koochiching Counties, the sale may be conducted in any county designated facility within the county.  The sale must not be for less than the appraised value except as provided in subdivision 7a.  The parcels must be sold for cash only, unless the county board of the county has adopted a resolution providing for their sale on terms, in which event the resolution controls with respect to the sale.  When the sale is made on terms other than for cash only (1) a payment of at least ten percent of the purchase price must be made at the time of purchase, and the balance must be paid in no more than ten equal annual installments, or (2) the payments must be made in accordance with county board policy, but in no event may the board require more than 12 installments annually, and the contract term must not be for more than ten years.  Standing timber or timber products must not be removed from these lands until an amount equal to the appraised value of all standing timber or timber products on the lands at the time of purchase has been paid by the purchaser.  If a parcel of land bearing standing timber or timber products is sold at public auction for more than the appraised value, the amount bid in excess of the appraised value must be allocated between the land and the timber in proportion to their respective appraised values.  In that case, standing timber or timber products must not be removed from the land until the amount of the excess bid allocated to timber or timber products has been paid in addition to the appraised value of the land.  The purchaser is entitled to immediate possession, subject to the provisions of any existing valid lease made in behalf of the state.

 

(b) For sales occurring on or after July 1, 1982, the unpaid balance of the purchase price is subject to interest at the rate determined pursuant to section 549.09.  The unpaid balance of the purchase price for sales occurring after December 31, 1990, is subject to interest at the rate determined in section 279.03, subdivision 1a.  The interest rate is subject to change each year on the unpaid balance in the manner provided for rate changes in section 549.09 or 279.03, subdivision 1a, whichever, is applicable.  Interest on the unpaid contract balance on sales occurring before July 1, 1982, is payable at the rate applicable to the sale at the time that the sale occurred.

 

(c) Notwithstanding subdivision 7, a county board may by resolution provide for the listing and sale of individual parcels by other means, including through a real estate broker.  However, if the buyer under this paragraph could have repurchased a parcel of property under section 282.012 or 282.241, that buyer may not purchase that same parcel of property at the sale under this subdivision for a purchase price less than the sum of all taxes, assessments, penalties, interest, and costs due at the time of forfeiture computed under section 282.251, and any special assessments for improvements certified as of the date of sale.  This subdivision shall be liberally construed to encourage the sale and utilization of tax-forfeited land in order to eliminate nuisances and dangerous conditions and to increase compliance with land use ordinances.


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Sec. 6.  Laws 2012, chapter 236, section 28, subdivision 2, as amended by Laws 2016, chapter 154, section 9, is amended to read:

 

Subd. 2.  Method of sale.  (a) The leaseholder of a leased parcel may purchase at private sale the leased parcel and any other lands allocated to the parcel by the county under subdivision 6 that is offered for sale under this section.  The purchase price is the appraised value of the land under subdivision 3 exclusive of improvements on it.  To purchase a parcel, a leaseholder must pay in cash to the county an amount equal to the appraised value of the land within 180 days from the date of mailing to or service of notice of appraised value to the leaseholder by the county.  The 180-day period runs from the date of mailing of a copy of the appraisal to the leaseholder at the address shown upon the most recent lease agreement between the parties, exclusive of the date of mailing or service.  The county may use any alternative method of notice under the Minnesota Rules of Civil Procedure for the service of a summons and complaint.

 

(b) If the leaseholder does not purchase the parcel so offered, the county may offer the lands for sale under the provisions of Minnesota Statutes, section 282.01, subdivision 7.  If a person other than the leaseholder purchases the parcel, the purchaser must make payment in full to the leaseholder in the manner provided in Minnesota Statutes, section 92.06, subdivision 4, for the value of any improvements as determined under subdivision 3 or for the value of any improvements as determined through negotiations.

 

(c) Failure of a purchaser to comply with the terms of payment voids the sale and the property may be reoffered for sale.

 

Sec. 7.  Laws 2012, chapter 236, section 28, subdivision 9, as amended by Laws 2016, chapter 154, section 11, is amended to read:

 

Subd. 9.  Sunset.  This section expires seven ten years after the effective date."

 

Page 8, after line 11, insert:

 

"Sec. 13.  PRIVATE SALE OF TAX-FORFEITED LAND; ITASCA COUNTY.

 

(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or other law to the contrary, Itasca County may sell by private sale the tax-forfeited land described in paragraph (c).

 

(b) The conveyance must be in a form approved by the attorney general.  The attorney general may make changes to the land description to correct errors and ensure accuracy.

 

(c) The land to be sold is located in Itasca County and is described as:  the East 660 feet of the West 990 feet of the South 660 feet of the Southwest Quarter of the Southeast Quarter, Section 7, Township 55 North, Range 24 West.

 

(d) The county has determined that the county's land management interests would best be served if the lands were used for a new broadcast tower, transmitter, and transmission building."

 

Page 9, after line 10, insert:

 

"Sec. 16.  LEASE; TAX-FORFEITED LAND; ST. LOUIS COUNTY.

 

(a) Notwithstanding Minnesota Statutes, section 282.04, or other law to the contrary, St. Louis County may enter into a lease for the tax-forfeited lands described in paragraph (b) for consideration of more than $12,000 per year.

 

(b) The lands to be leased are located in St. Louis County and are described as:


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(1) a 10.0-acre site in the Southeast Quarter, Section 15, Township 56 North, Range 17 West, to be used for a telecommunications tower and a 33-foot-wide strip of land, 16.5 feet on either side of the centerline in the Southeast Quarter, Section 15, and in the Southwest Quarter, Section 14, Township 56 North, Range 17 West, to be used for an access road to the tower site; and

 

(2) a 10.0-acre site in the West Half, Section 32, Township 60 North, Range 21 West, to be used for a telecommunications tower and a 33-foot-wide strip of land, 16.5 feet on either side of the centerline in the West Half, Section 32, Township 60 North, Range 21 West, to be used for an access road to the tower site.

 

Sec. 17.  ACCESS TO TIMBER ON TAX-FORFEITED LAND; ST. LOUIS COUNTY.

 

(a) Notwithstanding Minnesota Statutes, section 160.83, or other law to the contrary, St. Louis County or its agents or assigns may operate vehicles used for timber harvesting and hauling or for transporting equipment and appurtenances incidental to timber harvesting, gravel, and other road-building materials for timber haul roads on designated rustic roads to access tax-forfeited lands for sustainable forest management.

 

(b) The tax-forfeited lands to be accessed are located in St. Louis County in Sections 26, 27, and 35, Township 53 North, Range 12 West.

 

(c) The rustic roads used for forest management must be immediately repaired if damaged and must be maintained in their preharvest condition.

 

(d) The county has determined that the county's sustainable forest management responsibilities would best be served by using existing public roads to access tax-forfeited land rather than building new roads.

 

Sec. 18.  PRIVATE SALE OF TAX-FORFEITED LAND; ST. LOUIS COUNTY.

 

(a) Notwithstanding the public sale provisions of Minnesota Statutes, chapter 282, or other law to the contrary, St. Louis County may sell by private sale the tax-forfeited lands described in paragraph (c).

 

(b) The conveyances must be in a form approved by the attorney general.  The attorney general may make changes to the land descriptions to correct errors and ensure accuracy.

 

(c) The lands to be sold are located in St. Louis County and are described as:

 

(1) that part of the Southwest Quarter of the Southwest Quarter lying North of Norton Road and West of Howard Gnesen Road, except the easterly 95 feet of the westerly 890 feet and except the westerly 300 feet, Section 3, Township 50, Range 14 (parcel identification number 010-2710-00549);

 

(2) Lot 5, except the northerly three feet and except the southerly ten feet, West Duluth Fifth Division, Section 7, Township 49, Range 14 (parcel identification number 010-4510-06740);

 

(3) the Southeast Quarter of the Northeast Quarter, except 4.24 acres for the highway and except the part platted as Clayton Acres and except the highway right-of-way and except 6.44 acres of the adjacent plat and except the part North of Highway 169, Section 28, Township 57, Range 21 (parcel identification number 141-0050-05470);

 

(4) that part of the West 420 feet of the Southeast Quarter of the Northwest Quarter lying South of the northerly line of Government Lot 6, except that part beginning at the southwest corner; thence easterly along the southerly boundary 420 feet to a point; thence northerly and parallel with the westerly boundary of said Southeast Quarter of the Northwest Quarter 177.95 feet to a point; thence North 67 degrees 38 minutes 35 seconds West to a point on the westerly boundary of said Southeast Quarter of the Northwest Quarter; thence southerly along said westerly boundary approximately 364.12 feet to the point of beginning, Section 26, Township 57, Range 18 (parcel identification number 295-0017-00326);


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(5) the South Half of the Northwest Quarter, Section 15, Township 56, Range 18 (parcel identification number 435-0010-02590);

 

(6) part of the East 400 feet of the Southeast Quarter, Section 14, Township 63, Range 12 (part of parcel identification number 465-0020-01965);

 

(7) part of the Northeast Quarter of the Southwest Quarter, Lots 2 and 3, Section 20, Township 54, Range 13 (part of parcel identification number 620-0010-03130); and

 

(8) Lots 2, 3, 4, and 5, inclusive, auditor's plat of Chandler Addition to Ely, Section 28, Township 63, Range 12 (parcel identification number 030-0030-03530).

 

(d) The county has determined that the county's land management interests would best be served if the lands were returned to private ownership."

 

Renumber the sections in sequence

 

Amend the title as follows:

 

Page 1, line 3, delete "surplus"

 

Page 1, line 4, after the first semicolon, insert "allowing access on rustic roads for certain timber harvesting;"

 

Correct the title numbers accordingly

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Freiberg from the Committee on Government Operations to which was referred:

 

H. F. No. 1587, A bill for an act relating to natural resources; extending citizen oversight committees; amending Minnesota Statutes 2018, section 97A.055, subdivision 4b.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Freiberg from the Committee on Government Operations to which was referred:

 

H. F. No. 1656, A bill for an act relating to natural resources; modifying provisions for certain grants for outdoor recreation; modifying game and fish law; providing for removal of beavers and beaver dams causing damage; banning certain insecticides in wildlife management areas; requiring rulemaking; amending Minnesota Statutes 2018, sections 84.026, by adding a subdivision; 84.794, subdivision 2; 84.83, subdivision 3; 85.44; 97A.015,


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subdivisions 25, 43; 97A.126; 97A.321, subdivision 1; 97A.475, subdivision 4; 97B.011; 97B.081, subdivision 3; 97B.205; 97B.655; 97B.665, by adding a subdivision; 97B.667, subdivisions 2, 3, 4, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapters 97A; 97B.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Persell from the Committee on Environment and Natural Resources Policy to which was referred:

 

H. F. No. 1706, A bill for an act relating to natural resources; specifying duties and services of soil and water conservation districts; proposing coding for new law in Minnesota Statutes, chapter 103C.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Freiberg from the Committee on Government Operations to which was referred:

 

H. F. No. 1723, A bill for an act relating to Mississippi River Parkway Commission; modifying commission member terms; repealing the commission expiration date; modifying trunk highway fund appropriations; amending Minnesota Statutes 2018, sections 161.1419, subdivision 2; 161.20, subdivision 3; repealing Minnesota Statutes 2018, section 161.1419, subdivision 8.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Freiberg from the Committee on Government Operations to which was referred:

 

H. F. No. 1811, A resolution urging the President of the United States to continue the federal Deferred Enforcement Departure (DED) for Liberians.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Halverson from the Committee on Commerce to which was referred:

 

H. F. No. 1840, A bill for an act relating to commerce; removing references to "subprime" from Minnesota Statutes; amending Minnesota Statutes 2018, sections 58.13, subdivision 1; 58.137, subdivision 2; repealing Minnesota Statutes 2018, section 58.02, subdivision 27.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.


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Wagenius from the Energy and Climate Finance and Policy Division to which was referred:

 

H. F. No. 1842, A bill for an act relating to energy; clarifying an arbiter of disputes for certain utilities; amending Minnesota Statutes 2018, section 216B.164, subdivision 5.

 

Reported the same back with the recommendation that the bill be placed on the General Register.

 

      The report was adopted.

 

 

Sundin from the Committee on Labor to which was referred:

 

H. F. No. 1860, A bill for an act relating to labor relations; clarifying terms related to meatpacking workers; providing for notification in languages other than English and Spanish; appropriating money; amending Minnesota Statutes 2018, sections 179.86, subdivisions 1, 3; 181.635, subdivision 2.

 

Reported the same back with the following amendments:

 

Page 2, after line 10, insert: 

 

"(d) An employer may require an employee to disclose the languages the employee speaks, understands, and reads fluently.  If an employer requires such disclosure, and an employee has not provided it, an employer is not required to provide the information required under this section in a language other than English to the employee."

 

Page 2, line 12, before "An" insert "(a)"

 

Page 2, after line 23, insert: 

 

"(b) An employer may require an employee to disclose the languages the employee speaks, understands, and reads fluently.  If an employer requires such disclosure, and an employee has not provided it, an employer is not required to make the disclosure in the form required under paragraph (a) with respect to the employee."

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Freiberg from the Committee on Government Operations to which was referred:

 

H. F. No. 1863, A bill for an act relating to state government; appropriating money for state employee salaries in the event of nonappropriation; proposing coding for new law in Minnesota Statutes, chapter 16A.

 

Reported the same back with the following amendments:

 

Page 1, line 6, delete "CLASSIFIED"

 

Page 1, lines 11 and 20, delete "in the classified service"

 

Page 1, line 15, delete "classified"


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Page 2, line 2, delete "classified"

 

Page 2, line 7, delete "in the classified service"

 

Page 2, lines 11 and 12, delete "classified"

 

 

With the recommendation that when so amended the bill be re-referred to the Committee on Ways and Means.

 

      The report was adopted.

 

 

Youakim from the Committee on Education Policy to which was referred:

 

H. F. No. 1883, A bill for an act relating to education; foster care; requiring a student in foster care to be enrolled in school; requiring a report on foster youth school enrollment; amending Minnesota Statutes 2018, section 257.0725; proposing coding for new law in Minnesota Statutes, chapter 120A.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Health and Human Services Policy.

 

      The report was adopted.

 

 

Youakim from the Committee on Education Policy to which was referred:

 

H. F. No. 1982, A bill for an act relating to education; modifying the calculation of days and hours of instruction for students affected by snow days during the 2018-2019 school year; requiring affected school districts to report to the commissioner.

 

Reported the same back with the following amendments:

 

Delete everything after the enacting clause and insert:

 

"Section 1.  SCHOOL CALENDAR ADJUSTMENT; 2018-2019 SCHOOL YEAR.

 

Subdivision 1.  Required school days and hours.  Notwithstanding Minnesota Statutes, sections 120A.32, 120A.41, and 126C.05, a school district or charter school that had instructional days scheduled for January 29, January 30, or January 31, 2019, on its calendar for the 2018-2019 school year as of January 1, 2019, but canceled school on one or more of those days due to health and safety concerns, may count those days as instructional days for the purposes of calculating the number of hours and days in the school year under Minnesota Statutes, section 120A.41, and the calculation of average daily membership under Minnesota Statutes, section 126C.05, for students enrolled both before and after these school closure dates.

 

Subd. 2.  Instructional day; employees.  (a) This subdivision applies to any school district employee who:

 

(1) was scheduled to work on any of the days of January 29, January 30, or January 31, 2019;

 

(2) did not work on any or all of those days; and

 

(3) did not receive compensation for those days.


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(b) Notwithstanding any law to the contrary, for each day identified in paragraph (a), a school district must either:

 

(1) allow any school district employee under paragraph (a) the opportunity to work on another day that the school district designates and must compensate the employee working on the designated day at the employee's normal rate of pay; or

 

(2) compensate any school district employee under paragraph (a) for each of the days not worked at the employee's normal rate of pay.

 

Subd. 3.  Contracted employers.  An employer that contracts to provide student services to school districts is encouraged to compensate its regularly scheduled employees, through direct pay or additional hours of work offered, for work hours lost due to the school closings listed in subdivision 1.

 

Subd. 4.  Probationary teachers.  For the 2018-2019 school year only, for purposes of Minnesota Statutes, sections 122A.40, subdivision 5, paragraph (e), and 122A.41, subdivision 2, paragraph (d), the minimum number of days of teacher service that a probationary teacher must complete equals the difference between 120 days and the number of scheduled instructional days that were canceled due to inclement weather.

 

EFFECTIVE DATE.  This section is effective the day following final enactment."

 

Delete the title and insert:

 

"A bill for an act relating to education; authorizing a school calendar adjustment for instructional days and work hours lost due to school closings during the 2018-2019 school year."

 

 

With the recommendation that when so amended the bill be placed on the General Register.

 

      The report was adopted.

 

 

Halverson from the Committee on Commerce to which was referred:

 

H. F. No. 2018, A bill for an act relating to pari-mutuel horse racing; modifying licensing, reporting, and other regulatory provisions of the Racing Commission; amending Minnesota Statutes 2018, sections 240.01, by adding a subdivision; 240.02, subdivisions 2, 6; 240.08, subdivision 5; 240.10; 240.12; 240.13, subdivision 5; 240.131, subdivision 7; 240.135; 240.16, subdivisions 1, 2; 240.18, subdivisions 2, 3; 240.22; 240.27.

 

Reported the same back with the recommendation that the bill be re-referred to the Committee on Government Operations.

 

      The report was adopted.

 

 

Winkler from the Committee on Rules and Legislative Administration to which was referred:

 

Senate Concurrent Resolution No. 4, A Senate concurrent resolution relating to adjournment for more than three days.

 

Reported the same back with the recommendation that the Senate concurrent resolution be adopted.

 

      The report was adopted.


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SECOND READING OF HOUSE BILLS

 

 

      H. F. Nos. 50, 554, 680, 1121, 1150, 1407, 1587, 1811, 1840, 1842 and 1982 were read for the second time.

 

 

SECOND READING OF SENATE BILLS

 

 

      S. F. No. 573 was read for the second time.

 

 

INTRODUCTION AND FIRST READING OF HOUSE BILLS

 

 

      The following House Files were introduced:

 

 

Xiong, J.; Lien; Gomez; Hassan; Moran; Her; Wolgamott; Noor; Vang and Lee introduced:

 

H. F. No. 2285, A bill for an act relating to cannabis; allowing individuals 21 years of age or older to consume and possess cannabis and cannabis-infused products; providing regulation of cannabis for commercial purposes; authorizing rulemaking; authorizing fees; providing penalties; taxing certain cannabis sales; providing expungement of certain crimes; modifying the Clean Indoor Air Act; amending Minnesota Statutes 2018, sections 144.413, subdivision 4, by adding subdivisions; 144.414, subdivisions 2, 3; 144.4165; 152.01, subdivision 5a; 152.02, subdivision 2; 152.021, subdivisions 1, 2; 152.022, subdivisions 1, 2; 152.023, subdivisions 1, 2; 152.024, subdivisions 1, 2; 152.025, subdivision 1; 152.096, subdivision 1; 290.0132, by adding a subdivision; 290.0134, by adding a subdivision; 297A.61, subdivisions 3, 4, by adding subdivisions; 297A.62, subdivision 1, by adding a subdivision; 297A.94; 297A.99, subdivision 1; proposing coding for new law in Minnesota Statutes, chapters 295; 297A; 609A; proposing coding for new law as Minnesota Statutes, chapter 340B; repealing Minnesota Statutes 2018, sections 144.414, subdivision 5; 152.01, subdivision 16; 152.027, subdivisions 3, 4.

 

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

 

 

Loeffler introduced:

 

H. F. No. 2286, A bill for an act relating to taxation; property tax refunds; establishing an automated system for certificates of rent paid; requiring reporting of rent data; providing for retention and classification of data; appropriating money; amending Minnesota Statutes 2018, section 290A.19; proposing coding for new law in Minnesota Statutes, chapter 290A.

 

The bill was read for the first time and referred to the Committee on Taxes.

 

 

Noor, Tabke and Mahoney introduced:

 

H. F. No. 2287, A bill for an act relating to workforce development; appropriating money for grants to increase the number of apprentices in information technology; requiring reports.

 

The bill was read for the first time and referred to the Committee on Ways and Means.


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Noor introduced:

 

H. F. No. 2288, A bill for an act relating to health; appropriating money for international medical graduates assistance program grants.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Gomez; Xiong, J.; Lee; Dehn; Kunesh-Podein; Howard and Hassan introduced:

 

H. F. No. 2289, A bill for an act relating to housing; appropriating money for family homelessness prevention.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Carlson, A., introduced:

 

H. F. No. 2290, A bill for an act relating to liquor; allowing the Metropolitan Airports Commission to set on-sale hours in security areas of Minneapolis-St. Paul International Airport; amending Minnesota Statutes 2018, section 340A.5041.

 

The bill was read for the first time and referred to the Committee on Commerce.

 

 

Boe, Morrison and Nash introduced:

 

H. F. No. 2291, A bill for an act relating to capital investment; appropriating money for Lake Waconia Regional Park; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Urdahl and Gruenhagen introduced:

 

H. F. No. 2292, A bill for an act relating to capital investment; appropriating money for lake restoration in Hutchinson; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Tabke introduced:

 

H. F. No. 2293, A bill for an act relating to agriculture; modifying noncommercial pesticide applicator fee for certain licensees; amending Minnesota Statutes 2018, section 18B.34, subdivision 5.

 

The bill was read for the first time and referred to the Committee on Ways and Means.


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Long; Carlson, L.; Hansen; Her and Hornstein introduced:

 

H. F. No. 2294, A bill for an act relating to the State Board of Investment; requiring divestment from certain investments relating to fossil fuels; requiring a report; proposing coding for new law in Minnesota Statutes, chapter 11A.

 

The bill was read for the first time and referred to the Committee on Government Operations.

 

 

Lippert introduced:

 

H. F. No. 2295, A bill for an act relating to capital investment; appropriating money for the Northfield Regional Transit Hub; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Tabke and Albright introduced:

 

H. F. No. 2296, A bill for an act relating to local government; authorizing municipalities to charge a street impact fee; amending Minnesota Statutes 2018, section 462.358, by adding subdivisions.

 

The bill was read for the first time and referred to the Committee on Government Operations.

 

 

Tabke and Albright introduced:

 

H. F. No. 2297, A bill for an act relating to local government; modifying municipal authority to regulate subdivisions; amending Minnesota Statutes 2018, section 462.358, subdivision 1a.

 

The bill was read for the first time and referred to the Committee on Government Operations.

 

 

Elkins introduced:

 

H. F. No. 2298, A bill for an act relating to occupations and professions; regulating locksmiths and locksmith services; proposing coding for new law as Minnesota Statutes, chapter 330A.

 

The bill was read for the first time and referred to the Committee on Commerce.

 

 

Elkins introduced:

 

H. F. No. 2299, A bill for an act relating to commerce; establishing fair repair requirements for manufacturers of digital electronic products; proposing coding for new law in Minnesota Statutes, chapter 325E.

 

The bill was read for the first time and referred to the Committee on Commerce.


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Elkins introduced:

 

H. F. No. 2300, A bill for an act relating to health care; requiring health plan companies to develop and implement a shared savings incentive program; proposing coding for new law in Minnesota Statutes, chapter 62Q.

 

The bill was read for the first time and referred to the Committee on Commerce.

 

 

Poston, Miller, Persell, Hamilton, Backer, Gruenhagen, Morrison, Bierman and Mekeland introduced:

 

H. F. No. 2301, A bill for an act relating to human services; appropriating money for peer-run respite services; requiring a report.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Becker-Finn and Hansen introduced:

 

H. F. No. 2302, A bill for an act relating to agriculture; establishing a financial responsibility requirement for owners of white-tailed deer; amending Minnesota Statutes 2018, section 35.155, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Commerce.

 

 

Hansen introduced:

 

H. F. No. 2303, A bill for an act relating to arts and culture; appropriating money for Serbian Cultural Center.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Long introduced:

 

H. F. No. 2304, A bill for an act relating to local government; governing municipal identification cards; proposing coding for new law in Minnesota Statutes, chapter 415.

 

The bill was read for the first time and referred to the Committee on Government Operations.

 

 

Masin introduced:

 

H. F. No. 2305, A bill for an act relating to human services; modifying provisions governing continuing care for older adults; amending Minnesota Statutes 2018, sections 245A.07, subdivision 3; 245C.08, subdivision 1; 256.021, subdivision 2; 256R.02, subdivisions 4, 17, 18, 19, 29, 42a, 48a; 256R.07, subdivisions 1, 2; 256R.09, subdivision 2; 256R.10, subdivision 1; 256R.13, subdivision 4; 256R.39; 626.557, subdivisions 3, 3a, 4, 4a, 6, 9, 9b, 9c, 9d, 10, 10b, 12b, 14, 17; 626.5572, subdivisions 2, 3, 4, 6, 8, 9, 16, 17, 20, 21, by adding a subdivision; repealing Minnesota Statutes 2018, sections 256R.08, subdivision 2; 256R.49.

 

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.


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Edelson introduced:

 

H. F. No. 2306, A bill for an act relating to human services; modifying policy provisions governing housing and chemical and mental health; amending Minnesota Statutes 2018, sections 245G.01, subdivisions 8, 21, by adding subdivisions; 245G.04; 245G.05; 245G.06, subdivisions 1, 2, 4; 245G.07; 245G.08, subdivision 3; 245G.10, subdivision 4; 245G.11, subdivisions 7, 8; 245G.12; 245G.13, subdivision 1; 245G.15, subdivisions 1, 2; 245G.18, subdivisions 3, 5; 245G.22, subdivisions 1, 2, 3, 4, 6, 7, 15, 16, 17, 19; 254B.04, by adding a subdivision; 254B.05, subdivisions 1, 5; 256B.0941, subdivisions 1, 3; 256I.03, subdivisions 8, 15; 256I.04, subdivisions 1, 2a, 2b, by adding subdivisions; 256I.05, subdivision 1c; repealing Minnesota Statutes 2018, section 256I.05, subdivision 3.

 

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

 

 

Torkelson, Petersburg and Daudt introduced:

 

H. F. No. 2307, A bill for an act relating to motor vehicles; modifying the class of vehicles requiring a salvage certificate of title; amending Minnesota Statutes 2018, section 168A.151, subdivision 1.

 

The bill was read for the first time and referred to the Transportation Finance and Policy Division.

 

 

Fischer introduced:

 

H. F. No. 2308, A bill for an act relating to game and fish; modifying requirements for certain traps; requiring certain permission for traps and snares; requiring reporting; requiring license forfeiture for certain violations; providing criminal penalties; amending Minnesota Statutes 2018, sections 97A.421, subdivision 1; 97B.903; 97B.931, subdivision 2, by adding a subdivision; 97B.951; proposing coding for new law in Minnesota Statutes, chapter 97B.

 

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.

 

 

Noor introduced:

 

H. F. No. 2309, A bill for an act relating to mortuary science; clarifying the work nonlicensed personnel may perform under the direct supervision of individuals licensed to practice mortuary science; amending Minnesota Statutes 2018, sections 149A.02, subdivision 13a; 149A.20, subdivision 1.

 

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

 

 

Sundin introduced:

 

H. F. No. 2310, A bill for an act relating to retirement; Public Employees Retirement Association; modifying statewide volunteer firefighter retirement plan; allowing termination of plan participation and coverage; directing distribution of pension benefits; proposing coding for new law in Minnesota Statutes, chapter 353G; repealing Minnesota Statutes 2018, section 353G.15.

 

The bill was read for the first time and referred to the Committee on Government Operations.


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Sundin and Albright introduced:

 

H. F. No. 2311, A bill for an act relating to workers' compensation; adopting recommendations from the Workers' Compensation Advisory Council; amending Minnesota Statutes 2018, sections 176.1812, subdivision 2; 176.231, subdivision 1.

 

The bill was read for the first time and referred to the Committee on Labor.

 

 

Vogel, Koznick, Heintzeman, Robbins and Erickson introduced:

 

H. F. No. 2312, A bill for an act relating to state government; providing for zero-based budgeting; amending Minnesota Statutes 2018, sections 16A.103, subdivision 1a; 16A.11, subdivision 3; proposing coding for new law in Minnesota Statutes, chapter 16A.

 

The bill was read for the first time and referred to the Committee on Government Operations.

 

 

Mahoney and Stephenson introduced:

 

H. F. No. 2313, A bill for an act relating to labor and industry; making housekeeping changes; amending Minnesota Statutes 2018, sections 326B.082, subdivisions 6, 8, 12; 326B.103, subdivision 11; 326B.46, by adding a subdivision; 326B.475, subdivision 4; 326B.84; repealing Minnesota Statutes 2018, section 325F.75.

 

The bill was read for the first time and referred to the Committee on Labor.

 

 

Fischer introduced:

 

H. F. No. 2314, A bill for an act relating to water; providing spending and reporting requirements for Rice Creek Watershed District; proposing coding for new law in Minnesota Statutes, chapter 103D.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Mahoney introduced:

 

H. F. No. 2315, A bill for an act relating to economic development; appropriating money for an east metropolitan area technology center.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Jurgens introduced:

 

H. F. No. 2316, A bill for an act relating to parks and trails; appropriating money for Mississippi River Trail Bikeway.

 

The bill was read for the first time and referred to the Committee on Ways and Means.


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Jurgens, Albright, Fabian, Demuth, Gruenhagen, Boe, Theis, Urdahl, Poston, Grossell, Backer, Green, Erickson and Neu introduced:

 

H. F. No. 2317, A bill for an act relating to public safety; transferring money to the disaster assistance contingency account.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Masin introduced:

 

H. F. No. 2318, A bill for an act relating to family law; establishing a family law mediation task force.

 

The bill was read for the first time and referred to the Committee on Government Operations.

 

 

Pinto introduced:

 

H. F. No. 2319, A bill for an act relating to human services; modifying sections governing program integrity; creating criminal penalties; appropriating money; amending Minnesota Statutes 2018, sections 13.46, subdivision 3; 15C.02; 119B.02, subdivision 6; 119B.09, subdivision 7; 119B.125, subdivision 6; 119B.13, subdivisions 6, 7; 245.095; 245E.01, subdivision 8; 245E.02, by adding subdivisions; 256B.064, subdivisions 1a, 1b, 2, by adding subdivisions; 256B.0651, subdivision 17; 256B.27, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 256B; 609.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Pinto introduced:

 

H. F. No. 2320, A bill for an act relating to human services; modifying use of certain investigative data; amending Minnesota Statutes 2018, section 13.46, subdivision 3.

 

The bill was read for the first time and referred to the Judiciary Finance and Civil Law Division.

 

 

Becker-Finn introduced:

 

H. F. No. 2321, A bill for an act relating to natural resources; prohibiting purchase or sale of right to kill privately-owned big game; proposing coding for new law in Minnesota Statutes, chapter 97B.

 

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.

 

 

Neu introduced:

 

H. F. No. 2322, A bill for an act relating to elections; prohibiting the conduct of special primaries and special elections on certain days; amending Minnesota Statutes 2018, sections 204D.19, subdivision 2; 204D.195.

 

The bill was read for the first time and referred to the Committee on Government Operations.


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Elkins, Zerwas, Theis, Masin and Howard introduced:

 

H. F. No. 2323, A bill for an act relating to local and metropolitan government; defining conflict for the purposes of planning and zoning; amending Minnesota Statutes 2018, sections 394.24, subdivision 1; 462.357, subdivision 2; 462.358, subdivision 2a; 473.858, subdivision 1; 473.865, subdivisions 2, 3.

 

The bill was read for the first time and referred to the Committee on Government Operations.

 

 

Howard and Mariani introduced:

 

H. F. No. 2324, A bill for an act relating to public safety; establishing a Peace Officer Excellence Task Force.

 

The bill was read for the first time and referred to the Committee on Government Operations.

 

 

Lee, Kresha, Nornes and Davnie introduced:

 

H. F. No. 2325, A bill for an act relating to education finance; modifying the calculation of adult basic education aid; appropriating money; amending Minnesota Statutes 2018, section 124D.531, subdivision 1.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Persell introduced:

 

H. F. No. 2326, A bill for an act relating to capital investment; appropriating money for a grant to the city of Bemidji for a new well for drinking water; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Bahner introduced:

 

H. F. No. 2327, A bill for an act relating to elections; clarifying prohibitions on soliciting at or near a polling place; amending Minnesota Statutes 2018, section 211B.11, subdivision 1.

 

The bill was read for the first time and referred to the Committee on Government Operations.

 

 

Huot introduced:

 

H. F. No. 2328, A bill for an act relating to capital investment; appropriating money for the Minnesota Zoo; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Ways and Means.


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Long; Carlson, L.; Hansen; Her and Hornstein introduced:

 

H. F. No. 2329, A bill for an act relating to State Board of Investment; mandating report on impact of climate change on fossil fuel investments currently held by State Board of Investment.

 

The bill was read for the first time and referred to the Committee on Government Operations.

 

 

Hansen, Dettmer, Sundin, Ecklund, Heintzeman and Morrison introduced:

 

H. F. No. 2330, A bill for an act relating to natural resources; appropriating money for local road wetland replacement program.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Sundin introduced:

 

H. F. No. 2331, A bill for an act relating to capital investment; appropriating money for the Rural Finance Authority; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Gomez, Lippert, Lee, Becker-Finn, Wazlawik and Hansen introduced:

 

H. F. No. 2332, A bill for an act relating to taxation; property; repealing property tax exemption for manure pits; repealing Minnesota Statutes 2018, section 272.02, subdivision 28.

 

The bill was read for the first time and referred to the Committee on Taxes.

 

 

Elkins introduced:

 

H. F. No. 2333, A bill for an act relating to transportation; requiring commissioners of transportation and employment and economic development to develop a statewide freight network optimization tool; appropriating money.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Moran introduced:

 

H. F. No. 2334, A bill for an act relating to human services; modifying policy provisions governing health care; amending Minnesota Statutes 2018, sections 62U.03; 62U.04, subdivision 11; 256.01, subdivision 29; 256B.04, subdivision 21; 256B.043, subdivision 1; 256B.056, subdivisions 1a, 4, 7, 7a, 10; 256B.0561, subdivision 2; 256B.057, subdivision 1; 256B.0575, subdivision 2; 256B.0625, subdivisions 1, 3c, 3d, 3e, 27, 53; 256B.0638, subdivision 3; 256B.0751; 256B.0753, subdivision 1, by adding a subdivision; 256B.75; 256L.03, subdivision 1; 256L.15, subdivision 1; repealing Minnesota Statutes 2018, sections 62U.15, subdivision 2; 256B.057, subdivision 8; 256B.0752; 256B.79, subdivision 7; 256L.04, subdivision 13.

 

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.


Journal of the House - 20th Day - Monday, March 11, 2019 - Top of Page 988

Green introduced:

 

H. F. No. 2335, A bill for an act relating to clean water; appropriating money for local inflow and infiltration reduction programs.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Howard, Hassan, Gomez and Dehn introduced:

 

H. F. No. 2336, A bill for an act relating to housing; appropriating money for nonprofit capacity building grants.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Franson introduced:

 

H. F. No. 2337, A bill for an act relating to liquor; authorizing the city of Alexandria to issue temporary licenses to a museum without regard to certain time restrictions.

 

The bill was read for the first time and referred to the Committee on Commerce.

 

 

Olson, Schultz, Ecklund, Lislegard and Sundin introduced:

 

H. F. No. 2338, A bill for an act relating to workforce development; appropriating money for a grant to Lake Superior College.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Lueck introduced:

 

H. F. No. 2339, A bill for an act relating to natural resources; appropriating money for restoring and enhancing wild-rice waters.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Sandstede, Morrison, Mann, Lislegard, Ecklund, Poppe, Pelowski and Zerwas introduced:

 

H. F. No. 2340, A bill for an act relating to health; requiring a report; appropriating money for perinatal hospice grants.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Mariani and Baker introduced:

 

H. F. No. 2341, A bill for an act relating to economic development; appropriating money for a grant to the ProStart and Hospitality Tourism Management Program.

 

The bill was read for the first time and referred to the Committee on Ways and Means.


Journal of the House - 20th Day - Monday, March 11, 2019 - Top of Page 989

Stephenson introduced:

 

H. F. No. 2342, A bill for an act relating to energy; appropriating money to complete the remaining obligation for the "Made in Minnesota" solar energy production incentive payments; appropriating money for final program administration costs; repealing Minnesota Statutes 2018, section 216C.417.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Xiong, J.; Lee; Mahoney; Hausman; Noor and Vang introduced:

 

H. F. No. 2343, A bill for an act relating to health; appropriating money for addressing mental health in disability communities.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Vang, Hamilton, Poppe, Tabke, Lee, Kunesh-Podein and Her introduced:

 

H. F. No. 2344, A bill for an act relating to agriculture; appropriating money for urban agriculture grants.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Vang, Ecklund, Poppe, Sundin, Franson and Huot introduced:

 

H. F. No. 2345, A bill for an act relating to economic development; appropriating additional money to the Minnesota job creation fund for businesses in the industrial hemp industry.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Baker introduced:

 

H. F. No. 2346, A bill for an act relating to health; modifying the prescription monitoring program; amending Minnesota Statutes 2018, section 152.126, subdivisions 1, 3, 4, 6.

 

The bill was read for the first time and referred to the Committee on Commerce.

 

 

Kresha introduced:

 

H. F. No. 2347, A bill for an act relating to economic development; capital improvements; creating a state research and development authority; establishing a research and development fund; authorizing the sale and issuance of state bonds; requiring reports; appropriating money; authorizing rulemaking; proposing coding for new law in Minnesota Statutes, chapter 116W.

 

The bill was read for the first time and referred to the Committee on Ways and Means.


Journal of the House - 20th Day - Monday, March 11, 2019 - Top of Page 990

Loeffler; Vang; Xiong, T., and Huot introduced:

 

H. F. No. 2348, A bill for an act relating to taxation; property tax refunds; increasing the maximum refund for the homestead credit refund; amending Minnesota Statutes 2018, section 290A.04, subdivision 2.

 

The bill was read for the first time and referred to the Committee on Taxes.

 

 

Loeffler and Xiong, T., introduced:

 

H. F. No. 2349, A bill for an act relating to property tax refunds; modifying the renter's refund calculation; amending Minnesota Statutes 2018, section 290A.04, subdivision 2a.

 

The bill was read for the first time and referred to the Committee on Taxes.

 

 

Kresha introduced:

 

H. F. No. 2350, A bill for an act relating to taxation; income; modifying the small business investment credit; adding definitions; requiring additional information from applicant businesses; providing for priority businesses; modifying allocation of credits; making the credit permanent; amending Minnesota Statutes 2018, section 116J.8737, subdivisions 1, 2, 3, 4, 5, 6, 7, 9, by adding a subdivision; repealing Minnesota Statutes 2018, section 116J.8737, subdivision 12.

 

The bill was read for the first time and referred to the Committee on Taxes.

 

 

Brand; Grossell; Johnson; Christensen; Tabke; Considine; Mariani; Lislegard; Sandstede; Huot; Ecklund; Elkins; Vang; Xiong, T.; Lee; Sundin; Hansen; Winkler; Zerwas; Becker-Finn; Wolgamott and Xiong, J., introduced:

 

H. F. No. 2351, A bill for an act relating to crime; adding the manufacture of dimethyltryptamine as a controlled substance crime; amending Minnesota Statutes 2018, sections 152.021, subdivision 2a; 152.0275; 446A.083, subdivision 2.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Bennett introduced:

 

H. F. No. 2352, A bill for an act relating to education; authorizing school districts to use long-term facilities maintenance revenue for projects that increase the safety and security of school facilities; establishing a supplemental aid program to pay a portion of the costs for school district projects that increase the safety and security of school facilities; amending Minnesota Statutes 2018, section 123B.595, subdivision 7, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Ways and Means.


Journal of the House - 20th Day - Monday, March 11, 2019 - Top of Page 991

Jurgens introduced:

 

H. F. No. 2353, A bill for an act relating to transportation; appropriating money to install lighting along the marked U.S. Highway 61 corridor in Cottage Grove.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Jurgens introduced:

 

H. F. No. 2354, A bill for an act relating to capital investment; appropriating money for marked Trunk Highway 316 improvements in Hastings; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Garofalo and Ecklund introduced:

 

H. F. No. 2355, A bill for an act relating to telecommunications; establishing an unserved areas broadband development pilot program; appropriating money.

 

The bill was read for the first time and referred to the Committee on Commerce.

 

 

Jurgens introduced:

 

H. F. No. 2356, A bill for an act relating to transportation; appropriating money for Trunk Highway 316 improvements in Hastings.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Kresha introduced:

 

H. F. No. 2357, A bill for an act relating to human services; appropriating money for a grant to Oasis Central Minnesota, Inc.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Christensen introduced:

 

H. F. No. 2358, A bill for an act relating to solar energy; appropriating money to install solar photovoltaic devices in certain state parks.

 

The bill was read for the first time and referred to the Committee on Ways and Means.


Journal of the House - 20th Day - Monday, March 11, 2019 - Top of Page 992

Schultz, Loeffler, Liebling, Moran and Halverson introduced:

 

H. F. No. 2359, A bill for an act relating to health coverage; making changes to the premium subsidy program; appropriating money.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Dehn, Gomez, Hornstein, Richardson, Lee, Freiberg and Winkler introduced:

 

H. F. No. 2360, A bill for an act relating to arts and culture; appropriating money for Prince mural.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Dehn, Gomez and Lee introduced:

 

H. F. No. 2361, A bill for an act relating to public safety; appropriating money for Minneapolis SafeStreets.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Moller introduced:

 

H. F. No. 2362, A bill for an act relating to data practices; classifying certain grant application data submitted to the Board of the Arts or to a regional arts council; proposing coding for new law in Minnesota Statutes, chapters 13; 129D.

 

The bill was read for the first time and referred to the Judiciary Finance and Civil Law Division.

 

 

Moller, Lesch and Dehn introduced:

 

H. F. No. 2363, A bill for an act relating to higher education; appropriating money for an education debt relief grant.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Sandstede, Lislegard, Ecklund, Nelson and Lee introduced:

 

H. F. No. 2364, A bill for an act relating to capital investment; appropriating money for local airport improvements to support the Department of Natural Resources fire-fighting operations; authorizing the sale and issuance of state bonds.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Sauke introduced:

 

H. F. No. 2365, A bill for an act relating to human services; providing a rate increase for an intermediate care facility located in Olmsted County; amending Minnesota Statutes 2018, section 256B.5012, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Ways and Means.


Journal of the House - 20th Day - Monday, March 11, 2019 - Top of Page 993

Pryor, Vang, Poston and Poppe introduced:

 

H. F. No. 2366, A bill for an act relating to higher education; establishing Hunger Free Campus Act, Hunger Free Campus designation requirements; requiring campus food shelves at all Minnesota State community and technical colleges; appropriating money for Hunger Free Campus grants; proposing coding for new law in Minnesota Statutes, chapter 136F.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Dehn introduced:

 

H. F. No. 2367, A bill for an act relating to public safety; requiring certifying entities to timely process visa certification documents; proposing coding for new law in Minnesota Statutes, chapter 611A.

 

The bill was read for the first time and referred to the Public Safety and Criminal Justice Reform Finance and Policy Division.

 

 

Wazlawik and Fischer introduced:

 

H. F. No. 2368, A bill for an act relating to environment; providing for disposition of fines for certain trichloroethylene emissions; creating an account; creating stakeholder group; proposing coding for new law in Minnesota Statutes, chapter 115B.

 

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.

 

 

Morrison and Mann introduced:

 

H. F. No. 2369, A bill for an act relating to health; expanding the maternal death studies conducted by the commissioner of health to include maternal morbidity; amending Minnesota Statutes 2018, section 145.901.

 

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

 

 

Dehn, Lesch, Gomez and Lee introduced:

 

H. F. No. 2370, A bill for an act relating to public safety; establishing enhanced fines for individuals whose income exceeds a certain threshold; amending Minnesota Statutes 2018, sections 169A.03, subdivisions 8, 12; 609.02, subdivisions 3, 4; 609.03; 609.17, subdivision 4; 609.175, subdivision 2; 629.471; proposing coding for new law in Minnesota Statutes, chapter 609; repealing Minnesota Statutes 2018, sections 609.033; 609.0341, subdivisions 1, 2.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Albright, Ecklund, Zerwas and Noor introduced:

 

H. F. No. 2371, A bill for an act relating to human services; directing the commissioner of human services to modify substance use disorder county staff requirements.

 

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.


Journal of the House - 20th Day - Monday, March 11, 2019 - Top of Page 994

McDonald, Erickson, Davids, Zerwas, Nash and Dettmer introduced:

 

H. F. No. 2372, A bill for an act relating to the state lottery; establishing a K12 lottery game; creating the K12 lottery game fund and requiring deposit of the net proceeds in the school endowment fund; amending Minnesota Statutes 2018, sections 127A.32; 349A.04; 349A.10, subdivisions 1, 5, by adding subdivisions.

 

The bill was read for the first time and referred to the Committee on Commerce.

 

 

Murphy, by request, introduced:

 

H. F. No. 2373, A bill for an act relating to volunteer firefighter relief associations; clarifying audit requirements; increasing the threshold for investment reporting requirements; adding a definition of break in service and making conforming changes; revising vesting requirements; clarifying the service pension amount that applies in calculating the benefit payable upon permanent disability, death, or other separation from active service; clarifying the crediting of interest on deferred pensions; expanding the individuals eligible to receive supplemental benefits upon the death of a firefighter; amending Minnesota Statutes 2018, sections 69.051, subdivision 1; 356.219, subdivision 3; 424A.001, by adding a subdivision; 424A.01, subdivision 6; 424A.015, subdivision 6; 424A.016, subdivisions 3, 6; 424A.02, subdivisions 2, 7, 9, 10; 424A.10, subdivision 1.

 

The bill was read for the first time and referred to the Committee on Government Operations.

 

 

Gomez, Long, Lippert, Hassan and Lesch introduced:

 

H. F. No. 2374, A bill for an act relating to data practices; classifying municipal identification card data as private data; proposing coding for new law in Minnesota Statutes, chapter 13.

 

The bill was read for the first time and referred to the Judiciary Finance and Civil Law Division.

 

 

Gomez and Hassan introduced:

 

H. F. No. 2375, A bill for an act relating to human services; authorizing a supplemental rate for a housing support provider located in Hennepin County; amending Minnesota Statutes 2018, section 256I.05, by adding a subdivision.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Gomez introduced:

 

H. F. No. 2376, A bill for an act relating to public safety; requiring local units of government to establish law enforcement citizen oversight councils; specifying powers and duties of the councils and the responsibilities of local authorities toward them; requiring law enforcement policies, guidelines, training, and reporting on matters relating to procedural justice and community interactions; appropriating money; amending Minnesota Statutes 2018, section 626.89, subdivisions 2, 17; proposing coding for new law in Minnesota Statutes, chapter 626.

 

The bill was read for the first time and referred to the Committee on Ways and Means.


Journal of the House - 20th Day - Monday, March 11, 2019 - Top of Page 995

Wolgamott, Urdahl, Petersburg and Johnson introduced:

 

H. F. No. 2377, A bill for an act relating to automobile insurance; clarifying that volunteer drivers receiving funding from the public transit participation program are not for hire; amending Minnesota Statutes 2018, sections 65B.15, subdivision 1; 65B.43, subdivision 12, by adding a subdivision; 65B.47, subdivision 1a; 65B.472, subdivision 1; 256B.0625, subdivision 17.

 

The bill was read for the first time and referred to the Committee on Commerce.

 

 

Ecklund, Layman, Lueck, Sandstede and Lislegard introduced:

 

H. F. No. 2378, A bill for an act relating to environment; establishing Wild Rice Stewardship Council; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 84.

 

The bill was read for the first time and referred to the Committee on Government Operations.

 

 

Brand and Sundin introduced:

 

H. F. No. 2379, A bill for an act relating to human services; modifying policy provisions governing direct care and treatment; amending Minnesota Statutes 2018, sections 253B.18, subdivision 13, by adding subdivisions; 253D.28, subdivision 3; 609.2231, subdivision 3a.

 

The bill was read for the first time and referred to the Judiciary Finance and Civil Law Division.

 

 

Schultz, Loeffler, Liebling, Moran and Halverson introduced:

 

H. F. No. 2380, A bill for an act relating to taxation; modifying provisions related to gross revenues taxes, income taxes, and health insurance; providing for an insurance premium credit for individuals and advanced payment of the credit; providing for disclosure of certain taxpayer data; providing an addition for certain deducted health insurance premiums; making changes to taxpayer nexus for the health care provider tax; repealing the sunset of the MinnesotaCare provider taxes; clarifying payment of interest on overpayments; making technical changes; appropriating money; amending Minnesota Statutes 2018, sections 270B.12, by adding a subdivision; 290.0131, by adding a subdivision; 295.51, subdivision 1a; 295.52, subdivision 8; 295.57, subdivision 3; proposing coding for new law in Minnesota Statutes, chapters 62V; 290; repealing Laws 2011, First Special Session chapter 9, article 6, section 97, subdivision 6.

 

The bill was read for the first time and referred to the Committee on Taxes.

 

 

Kresha introduced:

 

H. F. No. 2381, A bill for an act relating to economic development; creating a federal research and development support program; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 116J.

 

The bill was read for the first time and referred to the Committee on Commerce.


Journal of the House - 20th Day - Monday, March 11, 2019 - Top of Page 996

Wazlawik, Becker-Finn and Fischer introduced:

 

H. F. No. 2382, A bill for an act relating to environment; modifying data accessibility related to environmental hazards; amending Minnesota Statutes 2018, section 13.39, subdivision 2.

 

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.

 

 

Sandstede, Lueck, Christensen, O'Driscoll and Lislegard introduced:

 

H. F. No. 2383, A bill for an act relating to state lands; modifying provisions of school trust lands director; modifying prior appropriations; amending Minnesota Statutes 2018, section 127A.353, subdivisions 2, 4; Laws 2016, chapter 189, article 3, section 6, as amended; Laws 2017, chapter 93, article 1, section 9.

 

The bill was read for the first time and referred to the Committee on Environment and Natural Resources Policy.

 

 

Christensen introduced:

 

H. F. No. 2384, A bill for an act relating to education; elections; requiring certain information to be available in the polling place for school district bond referendums; amending the ballot language required for school district bond referendums; amending Minnesota Statutes 2018, sections 205A.07, subdivision 2; 475.58, subdivision 4; 475.59, subdivision 1.

 

The bill was read for the first time and referred to the Committee on Government Operations.

 

 

Howard introduced:

 

H. F. No. 2385, A bill for an act relating to public safety; modifying the schedules of controlled substances; amending Minnesota Statutes 2018, section 152.02, subdivisions 2, 3, 6.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Becker-Finn, Davids, Youakim, Brand, Dettmer, Lee, Koegel and Schomacker introduced:

 

H. F. No. 2386, A bill for an act relating to taxation; income; allowing a refundable credit for donations to certain youth intervention organizations; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 290.

 

The bill was read for the first time and referred to the Committee on Taxes.

 

 

Murphy by request introduced:

 

H. F. No. 2387, A bill for an act relating to state aid; extending the state aid to local governments to fund increased employer contributions to the Public Employees Retirement Association; amending Minnesota Statutes 2018, section 273.1385, subdivision 4.

 

The bill was read for the first time and referred to the Committee on Government Operations.


Journal of the House - 20th Day - Monday, March 11, 2019 - Top of Page 997

Marquart introduced:

 

H. F. No. 2388, A bill for an act relating to early childhood literacy; education; establishing the Minnesota Imagination Library Project; appropriating money; proposing coding for new law in Minnesota Statutes, chapter 124D.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Sundin, Nelson, Mahoney, Mekeland and Theis introduced:

 

H. F. No. 2389, A bill for an act relating to labor and industry; mandating certain contractor recovery fund projects; requiring a report.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Swedzinski introduced:

 

H. F. No. 2390, A bill for an act relating to energy; requiring certain lighting systems atop wind turbines; proposing coding for new law in Minnesota Statutes, chapter 216C.

 

The bill was read for the first time and referred to the Energy and Climate Finance and Policy Division.

 

 

Gomez, Liebling, Hassan and Vang introduced:

 

H. F. No. 2391, A bill for an act relating to state government; prohibiting former legislators and certain legislative employees from lobbying the legislature for two years after leaving legislative office or separation from employment; providing exceptions; proposing coding for new law in Minnesota Statutes, chapter 10A.

 

The bill was read for the first time and referred to the Committee on Government Operations.

 

 

Runbeck, Torkelson, Koznick and Petersburg introduced:

 

H. F. No. 2392, A bill for an act relating to transportation; establishing a construction prohibition related to colocation of light rail transit and freight rail; amending Minnesota Statutes 2018, section 473.3994, by adding a subdivision.

 

The bill was read for the first time and referred to the Transportation Finance and Policy Division.

 

 

Runbeck introduced:

 

H. F. No. 2393, A bill for an act relating to transportation; exempting private roads in North Oaks from dedication of public road requirements.

 

The bill was read for the first time and referred to the Transportation Finance and Policy Division.


Journal of the House - 20th Day - Monday, March 11, 2019 - Top of Page 998

Dehn, Gomez, Lee and Lesch introduced:

 

H. F. No. 2394, A bill for an act relating to occupational licensing; to provide a prerecognition petition for offenders seeking state occupational licensing; proposing coding for new law in Minnesota Statutes, chapter 214.

 

The bill was read for the first time and referred to the Committee on Health and Human Services Policy.

 

 

Pinto introduced:

 

H. F. No. 2395, A bill for an act relating to firefighter licensing; clarifying the responsibilities and duties of the Board of Firefighting Training and Education; specifying terms of licensing and certification; amending Minnesota Statutes 2018, sections 299N.01, subdivision 2; 299N.02, subdivisions 2, 3; 299N.03, subdivisions 4, 5, 6; 299N.04; 299N.05, subdivisions 1, 2, 5, 6, 9; 299N.06.

 

The bill was read for the first time and referred to the Committee on Ways and Means.

 

 

Long and Boe introduced:

 

H. F. No. 2396, A bill for an act relating to the state building code; requiring the establishment of a voluntary stretch energy code; providing technical assistance for jurisdictions that adopt the voluntary stretch energy code; amending Minnesota Statutes 2018, sections 216B.241, subdivision 9; 326B.106, by adding a subdivision.

 

The bill was read for the first time and referred to the Energy and Climate Finance and Policy Division.

 

 

Pryor and Pierson introduced:

 

H. F. No. 2397, A bill for an act relating to human services; modifying policy provisions governing children and families services; amending Minnesota Statutes 2018, sections 13.46, subdivision 2; 13.461, subdivision 28; 119B.02, subdivision 6; 144.216, by adding subdivisions; 144.218, by adding a subdivision; 144.225, subdivision 2b; 144.226, subdivision 1; 145.902; 256E.21, subdivision 5; 256M.41, subdivision 3, by adding a subdivision; 256N.02, subdivisions 10, 16, 17, 18; 256N.22, subdivision 1; 256N.23, subdivisions 2, 6; 256N.24, subdivisions 1, 8, 11, 12, 14; 256N.28, subdivision 6; 259.241; 259.35, subdivision 1; 259.37, subdivision 2; 259.53, subdivision 4; 259.75; 259.83, subdivisions 1, 1a, 3; 259A.75, subdivisions 1, 2, 3, 4, 5; 260.761, subdivision 2; 260C.101, by adding a subdivision; 260C.139, subdivision 3; 260C.171, subdivision 2; 260C.178, subdivision 1; 260C.212, subdivisions 1, 2, by adding a subdivision; 260C.219; 260C.451, subdivision 9; 260C.503, subdivision 2; 260C.515, subdivisions 3, 4; 260C.605, subdivision 1; 260C.607, subdivision 6; 260C.609; 260C.611; 260C.613, subdivision 6; 260C.615, subdivision 1; 260C.623, subdivisions 3, 4; 260C.625; 260C.629, subdivision 2; 518A.53, subdivision 11; 518A.685; 626.556, subdivisions 2, 3, 3c, 3e, 4, 7, 10, 10a, 10b, 10d, 10e, 10f, 10m, 11, 11c; 626.5561, subdivision 1; 626.558, subdivision 2; proposing coding for new law in Minnesota Statutes, chapter 518A; repealing Minnesota Statutes 2018, sections 119B.125, subdivision 8; 256J.751, subdivision 1.

 

The bill was read for the first time and referred to the Judiciary Finance and Civil Law Division.

 

 

Hornstein introduced:

 

H. F. No. 2398, A bill for an act relating to aeronautics; modifying provisions governing airport zoning; amending Minnesota Statutes 2018, sections 360.013, by adding a subdivision; 360.017, subdivision 1; 360.021, subdivision 1; 360.062; 360.063, subdivisions 1, 3; 360.064, subdivision 1; 360.065, subdivision 1; 360.066,


Journal of the House - 20th Day - Monday, March 11, 2019 - Top of Page 999

subdivision 1; 360.067, by adding a subdivision; 360.071, subdivision 2; 360.305, subdivision 6; 394.22, by adding a subdivision; 394.23; 394.231; 394.25, subdivision 3; 462.352, by adding a subdivision; 462.355, subdivision 1; 462.357, subdivision 9, by adding a subdivision; proposing coding for new law in Minnesota Statutes, chapter 360; repealing Minnesota Statutes 2018, sections 360.063, subdivision 4; 360.065, subdivision 2; 360.066, subdivisions 1a, 1b.

 

The bill was read for the first time and referred to the Committee on Government Operations.

 

 

MESSAGES FROM THE SENATE

 

 

      The following message was received from the Senate:

 

 

Madam Speaker:

 

      I hereby announce the passage by the Senate of the following Senate Files, herewith transmitted:

 

      S. F. Nos. 761 and 1743.

 

Cal R. Ludeman, Secretary of the Senate

 

 

FIRST READING OF SENATE BILLS

 

 

S. F. No. 761, A bill for an act relating to state government; extending the operation of the Minnesota premium security plan funding; specifying information required in submitted reports; amending Minnesota Statutes 2018, section 62E.24, subdivision 2; Laws 2017, chapter 13, article 1, section 15, as amended.

 

The bill was read for the first time. 

 

 

MOTION TO DECLARE URGENCY

 

      Pursuant to Article IV, Section 19, of the Constitution of the state of Minnesota, Davids moved that the rule therein be suspended and an urgency be declared and that the rules of the House be so far suspended so that S. F. No. 761 be given its second and third readings and be placed upon its final passage.  The motion did not prevail.

 

 

      S. F. No. 761 was referred to the Committee on Ways and Means.

 

 

FIRST READING OF SENATE BILLS, Continued

 

 

S. F. No. 1743, A bill for an act relating to education; modifying the calculation of days and hours of instruction for students affected by snow days during the 2018-2019 school year; requiring affected school districts to report to the commissioner.


Journal of the House - 20th Day - Monday, March 11, 2019 - Top of Page 1000

The bill was read for the first time. 

 

Christensen moved that S. F. No. 1743 and H. F. No. 1982, now on the General Register, be referred to the Chief Clerk for comparison.  The motion prevailed.

 

 

CALENDAR FOR THE DAY

 

 

      H. F. No. 586, A bill for an act relating to veterans; declaring a day for veterans suicide awareness; proposing coding for new law in Minnesota Statutes, chapter 10.

 

 

      The bill was read for the third time and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 127 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Albright

Anderson

Bahner

Bahr

Baker

Becker-Finn

Bennett

Bernardy

Bierman

Boe

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Daniels

Daudt

Davids

Davnie

Dehn

Demuth

Dettmer

Drazkowski

Ecklund

Edelson

Elkins

Erickson

Fabian

Fischer

Franson

Freiberg

Garofalo

Gomez

Green

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hassan

Hausman

Heinrich

Heintzeman

Her

Hertaus

Hornstein

Huot

Johnson

Jurgens

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Koznick

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Loeffler

Long

Lucero

Lueck

Mahoney

Mann

Mariani

Marquart

Masin

McDonald

Mekeland

Miller

Moller

Moran

Morrison

Munson

Murphy

Nash

Nelson

Neu

Noor

Nornes

O'Driscoll

Olson

O'Neill

Pelowski

Persell

Petersburg

Pierson

Pinto

Poppe

Poston

Pryor

Quam

Richardson

Robbins

Runbeck

Sandell

Sandstede

Sauke

Schomacker

Schultz

Scott

Stephenson

Sundin

Swedzinski

Tabke

Theis

Torkelson

Urdahl

Vang

Vogel

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Zerwas

Spk. Hortman


 

 

      The bill was passed and its title agreed to.

 

 

      Koznick was excused for the remainder of today's session.

 

 

      H. F. No. 819, A bill for an act relating to health; authorizing the x-ray practice of cardiovascular technologists who meet certain education requirements; amending Minnesota Statutes 2018, section 144.121, subdivision 5a.

 

 

      The bill was read for the third time and placed upon its final passage.


Journal of the House - 20th Day - Monday, March 11, 2019 - Top of Page 1001

           The question was taken on the passage of the bill and the roll was called.  There were 126 yeas and 0 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Albright

Anderson

Bahner

Bahr

Baker

Becker-Finn

Bennett

Bernardy

Bierman

Boe

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Daniels

Daudt

Davids

Davnie

Dehn

Demuth

Dettmer

Drazkowski

Ecklund

Edelson

Elkins

Erickson

Fabian

Fischer

Franson

Freiberg

Garofalo

Gomez

Green

Gruenhagen

Gunther

Haley

Halverson

Hamilton

Hansen

Hassan

Hausman

Heinrich

Heintzeman

Her

Hertaus

Hornstein

Huot

Johnson

Jurgens

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard

Loeffler

Long

Lucero

Lueck

Mahoney

Mann

Mariani

Marquart

Masin

McDonald

Mekeland

Miller

Moller

Moran

Morrison

Munson

Murphy

Nash

Nelson

Neu

Noor

Nornes

O'Driscoll

Olson

O'Neill

Pelowski

Persell

Petersburg

Pierson

Pinto

Poppe

Poston

Pryor

Quam

Richardson

Robbins

Runbeck

Sandell

Sandstede

Sauke

Schomacker

Schultz

Scott

Stephenson

Sundin

Swedzinski

Tabke

Theis

Torkelson

Urdahl

Vang

Vogel

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Zerwas

Spk. Hortman


 

 

      The bill was passed and its title agreed to.

 

 

      Neu and Urdahl were excused for the remainder of today's session.

 

 

      H. F. No. 1244, A bill for an act relating to natural resources; accelerating public drainage system acquisition and compensation of ditch buffer strips; providing runoff and sediment option when charging for public drainage ditch repairs; amending Minnesota Statutes 2018, sections 17.117, subdivision 11; 103E.021, subdivision 6; 103E.071; 103E.351, subdivisions 1, 2, 3; proposing coding for new law in Minnesota Statutes, chapter 103E.

 

 

      The bill was read for the third time and placed upon its final passage.

 

      The question was taken on the passage of the bill and the roll was called.  There were 100 yeas and 24 nays as follows:

 

      Those who voted in the affirmative were:

 


Acomb

Anderson

Bahner

Baker

Becker-Finn

Bennett

Bernardy

Bierman

Boe

Brand

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Considine

Daniels

Davnie

Dehn

Demuth

Dettmer

Ecklund

Edelson

Elkins

Fabian

Fischer

Franson

Freiberg

Gomez

Gunther

Haley

Halverson

Hamilton

Hansen

Hassan

Hausman

Her

Hornstein

Huot

Johnson

Jurgens

Kiel

Klevorn

Koegel

Kotyza-Witthuhn

Kunesh-Podein

Layman

Lee

Lesch

Liebling

Lien

Lillie

Lippert

Lislegard


Journal of the House - 20th Day - Monday, March 11, 2019 - Top of Page 1002

Loeffler

Long

Lueck

Mahoney

Mann

Mariani

Marquart

Masin

Miller

Moller

Moran

Morrison

Murphy

Nelson

Noor

Nornes

Olson

O'Neill

Pelowski

Persell

Petersburg

Pinto

Poppe

Poston

Pryor

Richardson

Runbeck

Sandell

Sandstede

Sauke

Schomacker

Schultz

Stephenson

Sundin

Tabke

Theis

Torkelson

Vang

Vogel

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

      Those who voted in the negative were:

 


Albright

Bahr

Daudt

Davids

Drazkowski

Erickson

Garofalo

Green

Gruenhagen

Heinrich

Heintzeman

Hertaus

Lucero

McDonald

Mekeland

Munson

Nash

O'Driscoll

Pierson

Quam

Robbins

Scott

Swedzinski

Zerwas


 

 

      The bill was passed and its title agreed to.

 

 

MOTIONS AND RESOLUTIONS

 

 

      Kunesh-Podein moved that the name of Youakim be added as an author on H. F. No. 13.  The motion prevailed.

 

      Her moved that the name of Xiong, J., be added as an author on H. F. No. 29.  The motion prevailed.

 

      Vang moved that the name of Huot be added as an author on H. F. No. 94.  The motion prevailed.

 

      Dettmer moved that his name be stricken as an author on H. F. No. 142.  The motion prevailed.

 

      Becker-Finn moved that the name of Moller be added as an author on H. F. No. 229.  The motion prevailed.

 

      Drazkowski moved that the name of Heintzeman be added as an author on H. F. No. 268.  The motion prevailed.

 

      Becker-Finn moved that the name of Moller be added as an author on H. F. No. 305.  The motion prevailed.

 

      Lillie moved that the name of Huot be added as an author on H. F. No. 340.  The motion prevailed.

 

      Becker-Finn moved that the name of Noor be added as an author on H. F. No. 359.  The motion prevailed.

 

      Davnie moved that the name of Moller be added as an author on H. F. No. 365.  The motion prevailed.

 

      Albright moved that the name of Kresha be added as an author on H. F. No. 369.  The motion prevailed.

 

      Schultz moved that the name of Huot be added as an author on H. F. No. 486.  The motion prevailed.

 

      Fischer moved that the name of Long be added as an author on H. F. No. 505.  The motion prevailed.

 

      Elkins moved that the name of Xiong, J., be added as an author on H. F. No. 511.  The motion prevailed.

 

      Baker moved that his name be stricken as an author on H. F. No. 543.  The motion prevailed.


Journal of the House - 20th Day - Monday, March 11, 2019 - Top of Page 1003

           Becker-Finn moved that the name of Bernardy be added as an author on H. F. No. 586.  The motion prevailed.

 

      Wolgamott moved that the name of Lucero be added as an author on H. F. No. 622.  The motion prevailed.

 

      Mann moved that the name of Masin be added as an author on H. F. No. 684.  The motion prevailed.

 

      Lillie moved that the name of Huot be added as an author on H. F. No. 787.  The motion prevailed.

 

      Edelson moved that the name of Loeffler be added as an author on H. F. No. 814.  The motion prevailed.

 

      Her moved that the name of Xiong, J., be added as an author on H. F. No. 847.  The motion prevailed.

 

      Mahoney moved that the name of Bierman be added as an author on H. F. No. 878.  The motion prevailed.

 

      Sundin moved that the name of Bierman be added as an author on H. F. No. 879.  The motion prevailed.

 

      Schultz moved that the names of Mahoney and Lillie be added as authors on H. F. No. 884.  The motion prevailed.

 

      Edelson moved that the name of Huot be added as an author on H. F. No. 910.  The motion prevailed.

 

      Moller moved that the name of Masin be added as an author on H. F. No. 932.  The motion prevailed.

 

      Koegel moved that the name of Kresha be added as an author on H. F. No. 955.  The motion prevailed.

 

      Persell moved that the name of Hansen be added as an author on H. F. No. 973.  The motion prevailed.

 

      Richardson moved that the names of Loeffler and Huot be added as authors on H. F. No. 975.  The motion prevailed.

 

      Bernardy moved that the name of Zerwas be added as an author on H. F. No. 988.  The motion prevailed.

 

      Mann moved that the name of Freiberg be added as an author on H. F. No. 1011.  The motion prevailed.

 

      Schultz moved that the names of Sauke and Long be added as authors on H. F. No. 1018.  The motion prevailed.

 

      Cantrell moved that the name of Moran be added as an author on H. F. No. 1049.  The motion prevailed.

 

      Halverson moved that the name of Dettmer be added as an author on H. F. No. 1099.  The motion prevailed.

 

      Freiberg moved that the name of Becker-Finn be added as an author on H. F. No. 1166.  The motion prevailed.

 

      Tabke moved that the names of Youakim and West be added as authors on H. F. No. 1188.  The motion prevailed.

 

      Schultz moved that the name of Brand be added as an author on H. F. No. 1225.  The motion prevailed.

 

      Ecklund moved that the name of Sandstede be added as an author on H. F. No. 1248.  The motion prevailed.


Journal of the House - 20th Day - Monday, March 11, 2019 - Top of Page 1004

           Cantrell moved that the names of Masin and Bahner be added as authors on H. F. No. 1257.  The motion prevailed.

 

      Cantrell moved that the name of Loeffler be added as an author on H. F. No. 1264.  The motion prevailed.

 

      Persell moved that the names of Bierman and Huot be added as authors on H. F. No. 1284.  The motion prevailed.

 

      Huot moved that the name of Poston be added as an author on H. F. No. 1335.  The motion prevailed.

 

      Erickson moved that the names of Gomez and Bahr be added as authors on H. F. No. 1370.  The motion prevailed.

 

      Kunesh-Podein moved that the name of Her be added as an author on H. F. No. 1381.  The motion prevailed.

 

      Richardson moved that the name of Huot be added as an author on H. F. No. 1382.  The motion prevailed.

 

      Freiberg moved that the names of Stephenson and Lucero be added as authors on H. F. No. 1397.  The motion prevailed.

 

      Stephenson moved that the name of Moller be added as an author on H. F. No. 1398.  The motion prevailed.

 

      Lippert moved that the name of Bierman be added as an author on H. F. No. 1414.  The motion prevailed.

 

      Wolgamott moved that the name of Lucero be added as an author on H. F. No. 1457.  The motion prevailed.

 

      Fischer moved that the name of Bierman be added as an author on H. F. No. 1502.  The motion prevailed.

 

      Sandstede moved that the name of Long be added as an author on H. F. No. 1520.  The motion prevailed.

 

      Lesch moved that the name of Lucero be added as an author on H. F. No. 1567.  The motion prevailed.

 

      Youakim moved that the name of Winkler be added as an author on H. F. No. 1582.  The motion prevailed.

 

      Sundin moved that the name of Backer be added as an author on H. F. No. 1595.  The motion prevailed.

 

      Klevorn moved that the names of Christensen, Long, Freiberg and Bierman be added as authors on H. F. No. 1605.  The motion prevailed.

 

      Fischer moved that the names of Bierman and Huot be added as authors on H. F. No. 1624.  The motion prevailed.

 

      Schultz moved that the name of Moran be added as an author on H. F. No. 1659.  The motion prevailed.

 

      Scott moved that the name of Lislegard be added as an author on H. F. No. 1666.  The motion prevailed.

 

      Scott moved that the name of Munson be added as an author on H. F. No. 1686.  The motion prevailed.


Journal of the House - 20th Day - Monday, March 11, 2019 - Top of Page 1005

           Koznick moved that his name be stricken as an author on H. F. No. 1694.  The motion prevailed.

 

      Lippert moved that the names of Bierman and Huot be added as authors on H. F. No. 1706.  The motion prevailed.

 

      Youakim moved that the names of Moller, Davnie, Bierman, Christensen, Huot and Kunesh-Podein be added as authors on H. F. No. 1711.  The motion prevailed.

 

      Kotyza-Witthuhn moved that the name of Gunther be added as an author on H. F. No. 1742.  The motion prevailed.

 

      Mariani moved that the name of Gomez be added as an author on H. F. No. 1836.  The motion prevailed.

 

      Ecklund moved that the name of Davids be added as an author on H. F. No. 1839.  The motion prevailed.

 

      Edelson moved that the name of Winkler be added as an author on H. F. No. 1850.  The motion prevailed.

 

      Kunesh-Podein moved that the name of Huot be added as an author on H. F. No. 1939.  The motion prevailed.

 

      Lesch moved that the names of Bernardy and Huot be added as authors on H. F. No. 1941.  The motion prevailed.

 

      Bernardy moved that the name of Huot be added as an author on H. F. No. 1951.  The motion prevailed.

 

      Liebling moved that the name of Huot be added as an author on H. F. No. 1952.  The motion prevailed.

 

      Long moved that the name of Huot be added as an author on H. F. No. 1956.  The motion prevailed.

 

      Nelson moved that the name of Huot be added as an author on H. F. No. 1962.  The motion prevailed.

 

      Lesch moved that the name of Noor be added as an author on H. F. No. 1971.  The motion prevailed.

 

      Hassan moved that the name of Huot be added as an author on H. F. No. 1972.  The motion prevailed.

 

      Christensen moved that the name of Bierman be added as an author on H. F. No. 1982.  The motion prevailed.

 

      Moller moved that the name of Huot be added as an author on H. F. No. 2023.  The motion prevailed.

 

      Vang moved that the name of Xiong, J., be added as an author on H. F. No. 2054.  The motion prevailed.

 

      Hansen moved that the names of Halverson and Lippert be added as authors on H. F. No. 2067.  The motion prevailed.

 

      Hansen moved that the name of Huot be added as an author on H. F. No. 2070.  The motion prevailed.

 

      Sundin moved that the name of Huot be added as an author on H. F. No. 2072.  The motion prevailed.

 

      Carlson, L., moved that the name of Huot be added as an author on H. F. No. 2076.  The motion prevailed.


Journal of the House - 20th Day - Monday, March 11, 2019 - Top of Page 1006

           Hansen moved that the names of Masin, Becker-Finn and Poston be added as authors on H. F. No. 2081.  The motion prevailed.

 

      Hansen moved that the names of Masin, Poston and Becker-Finn be added as authors on H. F. No. 2082.  The motion prevailed.

 

      Nornes moved that the name of Lueck be added as an author on H. F. No. 2096.  The motion prevailed.

 

      Gunther moved that the name of Theis be added as an author on H. F. No. 2098.  The motion prevailed.

 

      Wolgamott moved that the name of Dehn be added as an author on H. F. No. 2100.  The motion prevailed.

 

      Wolgamott moved that the name of Theis be added as an author on H. F. No. 2107.  The motion prevailed.

 

      Christensen moved that the name of Theis be added as an author on H. F. No. 2115.  The motion prevailed.

 

      Koegel moved that the name of West be added as an author on H. F. No. 2118.  The motion prevailed.

 

      Gunther moved that the name of Lueck be added as an author on H. F. No. 2124.  The motion prevailed.

 

      Marquart moved that the name of Youakim be added as an author on H. F. No. 2125.  The motion prevailed.

 

      Lee moved that the name of Dehn be added as an author on H. F. No. 2132.  The motion prevailed.

 

      Vang moved that the name of Xiong, J., be added as an author on H. F. No. 2135.  The motion prevailed.

 

      Kresha moved that the name of Theis be added as an author on H. F. No. 2144.  The motion prevailed.

 

      Persell moved that the name of Lueck be added as an author on H. F. No. 2145.  The motion prevailed.

 

      Acomb moved that the name of Tabke be added as an author on H. F. No. 2148.  The motion prevailed.

 

      Gomez moved that the name of Dehn be added as an author on H. F. No. 2149.  The motion prevailed.

 

      Freiberg moved that the names of Her, Elkins and Long be added as authors on H. F. No. 2152.  The motion prevailed.

 

      Albright moved that the name of Lueck be added as an author on H. F. No. 2156.  The motion prevailed.

 

      Cantrell moved that the name of Theis be added as an author on H. F. No. 2166.  The motion prevailed.

 

      Huot moved that the name of Youakim be added as an author on H. F. No. 2190.  The motion prevailed.

 

      Youakim moved that the name of Tabke be added as an author on H. F. No. 2192.  The motion prevailed.

 

      Elkins moved that the name of Acomb be added as an author on H. F. No. 2194.  The motion prevailed.

 

      Her moved that the name of Xiong, J., be added as an author on H. F. No. 2201.  The motion prevailed.


Journal of the House - 20th Day - Monday, March 11, 2019 - Top of Page 1007

           Poston moved that the name of Nornes be added as an author on H. F. No. 2210.  The motion prevailed.

 

      Davnie moved that the name of Noor be added as an author on H. F. No. 2212.  The motion prevailed.

 

      Long moved that the name of Pryor be added as an author on H. F. No. 2233.  The motion prevailed.

 

      Layman moved that the name of Theis be added as an author on H. F. No. 2239.  The motion prevailed.

 

      Mahoney moved that the name of Lueck be added as an author on H. F. No. 2241.  The motion prevailed.

 

      Layman moved that the name of Ecklund be added as an author on H. F. No. 2245.  The motion prevailed.

 

      Robbins moved that the names of Theis, Runbeck and Lucero be added as authors on H. F. No. 2255.  The motion prevailed.

 

      Theis moved that the name of Lucero be added as an author on H. F. No. 2256.  The motion prevailed.

 

      Kresha moved that the name of Theis be added as an author on H. F. No. 2257.  The motion prevailed.

 

      Lesch moved that H. F. No. 1065, now on the General Register, be re-referred to the Judiciary Finance and Civil Law Division.  The motion prevailed.

 

      Edelson moved that H. F. No. 1580 be recalled from the Committee on Health and Human Services Policy and be re-referred to the Committee on Ways and Means.  The motion prevailed.

 

      Hornstein moved that H. F. No. 1674 be recalled from the Committee on Government Operations and be re‑referred to the Committee on Ways and Means.  The motion prevailed.

 

 

      Petersburg was excused for the remainder of today's session.

 

 

      Fabian moved that H. F. No. 1710 be recalled from the Committee on Commerce and be re-referred to the Energy and Climate Finance and Policy Division. 

 

 

      A roll call was requested and properly seconded.

 

 

      The question was taken on the Fabian motion and the roll was called.  There were 56 yeas and 65 nays as follows:

 

      Those who voted in the affirmative were:

 


Albright

Anderson

Bahr

Baker

Bennett

Boe

Brand

Daniels

Daudt

Davids

Demuth

Dettmer

Drazkowski

Ecklund

Erickson

Fabian

Franson

Garofalo

Green

Gruenhagen

Gunther

Haley

Hamilton

Heinrich

Heintzeman

Hertaus

Johnson

Jurgens

Kiel

Layman

Lien

Lislegard

Lucero

Lueck

McDonald

Mekeland

Miller

Munson

Nash

Nornes

O'Driscoll

O'Neill


Journal of the House - 20th Day - Monday, March 11, 2019 - Top of Page 1008

Pierson

Poston

Quam

Robbins

Runbeck

Sandstede

Schomacker

Scott

Sundin

Swedzinski

Theis

Torkelson

Vogel

Zerwas


 

      Those who voted in the negative were:

 


Acomb

Bahner

Becker-Finn

Bernardy

Bierman

Cantrell

Carlson, A.

Carlson, L.

Christensen

Claflin

Davnie

Dehn

Edelson

Elkins

Fischer

Freiberg

Gomez

Halverson

Hansen

Hassan

Hausman

Her

Hornstein

Huot

Klevorn

Koegel

Kotyza-Witthuhn

Kunesh-Podein

Lee

Lesch

Liebling

Lillie

Lippert

Loeffler

Long

Mahoney

Mann

Mariani

Marquart

Masin

Moller

Moran

Morrison

Murphy

Nelson

Noor

Olson

Pelowski

Persell

Pinto

Poppe

Pryor

Richardson

Sandell

Schultz

Stephenson

Tabke

Vang

Wazlawik

Winkler

Wolgamott

Xiong, J.

Xiong, T.

Youakim

Spk. Hortman


 

 

      The motion did not prevail.

 

 

      Baker moved that H. F. No. 1718 be recalled from the Committee on Commerce and be re-referred to the Committee on Health and Human Services Policy.  The motion prevailed.

 

 

      Senate Concurrent Resolution No. 4 was reported to the House.

 

 

SENATE CONCURRENT RESOLUTION No. 4

 

A Senate concurrent resolution relating to adjournment for more than three days.

 

Be It Resolved by the Senate of the State of Minnesota, the House of Representatives concurring:

 

1.  Upon their adjournments on Thursday, April 11, 2019, the Senate and House of Representatives may each set its next day of meeting for Tuesday, April 23, 2019.

 

2.  Each house consents to adjournment of the other house for more than three days.

 

 

Winkler moved that Senate Concurrent Resolution No. 4 be now adopted.  The motion prevailed and Senate Concurrent Resolution No. 4 was adopted.

 

 

ADJOURNMENT

 

      Winkler moved that when the House adjourns today it adjourn until 12:00 noon, Wednesday, March 13, 2019.  The motion prevailed.

 

      Winkler moved that the House adjourn.  The motion prevailed, and the Speaker declared the House stands adjourned until 12:00 noon, Wednesday, March 13, 2019.

 

 

Patrick D. Murphy, Chief Clerk, House of Representatives